Section 9, 19 and 22 Civil Procedure Code (v. 1908), Order XXI, RR 66, and 90 suit application for decree to be issued by the bank applying for recovery of the debt were appealed from the High Court suit. And the executor / bank went into execution and successfully sold the mortgaged property, the auctioneer appointed by the Court Implementing Court auctioned the mortgaged property and the respondent was successful in purchasing the same court. The complainant submitted his report before the court and the decision debtor asked him to file an objection. And the auction proceedings, illegally, allegedly made by the auction, were not properly conducted because its notice was not advertised in any newspaper. The court auctions seemed satisfied with the circulation of some of the pamphlets which, according to their report, were pasted outside the courtroom only and did not appear to have been displayed at the auction site, if indeed published. This was done in the public places of adjoining villages / towns. The auctions cited publicity from the beat of the drum, but there was nothing in the report to ascertain by whom and by whom the place was issued. The vague copy of the record on the record showed that neither the proper description of the land nor the location of the auction was clearly mentioned in relation to the auction. All were said to have been specifically identified in the objection filed by the appellant, but the executing court had made a sketchy / irrational irrevocable order, declaring it false without isolation.
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