Satyanarain Bajoria and another Vs Ramnarain Tibrewal and another AIR 1994 SC 1583

CPC - order 21 rule 54- execution-lower appellate court totally messed the points which were required to be determined and merely by assuming that even if notice under Order 21 Rule 54 of the Code is not served, by virtue of explanation to Rule 90 of Order 21 of the Code it is not a material irregularity or illegality to auction sale. The lower appellate court totally misunderstood the importance and efficacy of notices being served in execution proceedings under Order 21 Rule 22; Order 21 Rule 54 (1A), notice for settlement of terms of proclamation in the presence of the judgment-debtor which leg to the finding recorded by it and the finding on fact in the circumstances, is totally vitiated.