Supreme Court · 2008 INSC 443 · Decided 2 April 2008
M/S. Mahakal Automobiles & ANR. v. Kishan Swaroop Sharma
- Court
- Supreme Court of India
- Citation
- 2008 INSC 443 · [2008] 5 S.C.R. 1020
- Case number
- CIVIL APPEAL No. 2598/2005
- Decided
- 2 April 2008
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
1020 A MIS. MAHAKAL AUTOMOBILES & ANR. II. KISHAN SWAROOP SHARMA (Civil Appeal No. 2598 of 2005) B APRIL 2, 2008 (DR. ARIJIT PASAYAT AND 5.H. KAPADIA, JJ.) ' J._ Code of Civil Procedure, 1908: c Order 21, rules 54(1A) and 66(2) - Execution of decree - Attachment of immovable property and is being sold and sale of any property without notice to its owner is a nullity, D and all actions pursuant thereto are liable to be quashed - Under Order 21 Rule 66(2) service of the notice has to be ~ personally effected on judgment-debtor- On facts, There was no proclamation of sale as per
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