CR No. 7232 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7232 of 2010 (O&M) Date of Decision: 15.11.2010 Bhupinder Singh .....Petitioner Versus Jaswant Singh and Others …. Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Amrik Singh, Advocate, for the petitioner. Shri Gulshan Sharma, Advocate, for respondent No.1. Hemant Gupta, J. (Oral) Challenge in the present petition is to the order dated 7.8.2010 passed by the learned Executing Court, whereby warrant of attachment of the property has been issued and order dated 25.9.2010, whereby the sale of the attached property has been ordered by the learned Executing Court. Learned counsel for the petitioner has vehemently argued that after attachment, the learned Executing Court was bound to settle the terms of sale under Order 21 Rule 66 CPC and without CR No. 7232 of 2010 (O&M) [2] settling the terms of sale, the Executing Court could not put the property to auction. Learned counsel for the respondent could not dispute the fact that terms of sale were required to be settled, but points out that the petitioner is delaying execution of the decree on technical pleas. I have heard learned counsel for the parties and find that the order passed by the learned Executing Court on 25.9.2010 for sale of the attached property suffers from patent illegality and material irregularity. In terms of Clause (2) of Order 21 Rule 66 CPC, the proclamation of the intended sale is to be drawn up after notice to the decree holder and the judgment debtor. The Executing Court has not issued any notice to the decree holder or to the judgment debtor and, therefore, the order passed by the Executing Court for sale of the property is in contravention of the provisions of Order 21 Rule 66 of the CPC. Consequently, the order passed by the Executing Court on 25.9.2010 is set aside. The Executing Court is directed to settle the terms of sale in terms of order 21 Rule 66 CPC, within one month of the decree holder filing an application for the said purpose. Disposed of in the above terms. [ HEMANT GUPTA ] JUDGE 15.11.2010 poonam(II)/ds CR No. 7232 of 2010 (O&M) [3]