THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 3381 of 2010 ORDER: This revision is directed against the docket endorsement dated 29.07.2010 of I Additional Junior Civil Judge, Vijayawada in E.A (SR) No.13837 of 2010 in E.P.No.288 of 2007 in O.S.No.597 of 2006. The petitioner-judgment debtor filed the above E.A (SR) stating that the first respondent-decree holder obtained an ex parte decree in the suit and in execution of the decree, the property was sold on 26.03.2010 in the auction conducted by the Court as per E.P. Schedule. As per the auction notice, there is only house site but the property sold is comprising of plot with two rooms, varandah covered with asbestos sheets and the same fact has not properly been reflected in the E.P. schedule or in the sale notice. The proclamation of sale was not widely circulated in the locality, as a result, no bidders came forward to purchase the property. No notice was served on the judgment debtor with regard to setting up of terms of proclamation of sale under Order XXI Rule 66 C.P.C. before the property is put to auction and, therefore, the same is liable to be set aside. The said E.A (SR) was returned by the office with an objection on 28.07.2010 and on resubmitting the same by the petitioner, on 29.07.2010 the same was returned with the endorsement of the Judicial Officer stating that petition is not within the limitation as it is not filed within 60 days. The said E.A (SR) was not called on Bench. If the same was called on Bench, the petitioner would have got an opportunity to present his case. Learned counsel for the second respondent contended that the sale certificate has also been issued in favour of the second respondent - auction purchaser. Therefore, the present application is not maintainable. Having regard to the fact that the petitioner was not given any opportunity to substantiate his plea, the impugned docket order passed by the lower Court is set aside and the matter is remitted to the lower Court to call E.A (SR) on Bench and dispose of the same by a speaking order after giving an opportunity of hearing to both the parties. The amount deposited pursuant to the interim order dated 04- 08-2010 shall abide by the result in E.A (SR). The civil revision petition is allowed. No costs. A.GOPAL REDDY,J Dt. 15.04.2011 lvl THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 3381 of 2010 Dt. 15.04.2011