Order 21 Rule 64 CPC - Execution Proceedings - Ordering Entire Property to be Sold - Whether Valid [SC JUDGMENT]
Civil P.C. 1908 - O. 21 R. 64 - Execution Proceedings - In all execution proceedings, the court has to first decide whether it is necessary to bring the entire attached property to sale or such portion thereof as may seem necessary to satisfy the decree. If the property is large and the decree to be satisfied is small, the court must bring only such portion of the property to sale the proceeds of which would be sufficient to satisfy the claim of the decree holder. It is a mandate of the legislature which cannot be ignored. Any sale held without examining this aspect and not in conformity with this requirement would thus be illegal and without jurisdiction.