A sale made, therefore, without notice to the judgment debtor is a nullity since it divests the judgment debtor of his right, title and interest in his property without an opportunity. The jurisdiction to sell the property would arise in a court only where the owner is given notice of the execution for attachment and sale of his property. It is very salutary that a person's property cannot be sold without his being told that it is being so sold and given an opportunity to offer his estimate as he is the person who intimately knew the value of his property and prevailing in the locality, exaggeration may at time be possible. In Rajagopal Iyer v. Ramachandra Iyer , the Full Bench held that a sale without notice under Order 21 Rule 22 is a nullity and is void and that it has not got to be set aside. If an application to set aside such a void sale is made it would fall under Section 47.
ALLAHABAD HIGH COURT
Case :- CIVIL REVISION No. - 145 of 2009
Revisionist :- Amit Kumar S/O Late V.P. Ram
Opposite Party :- Prem Kumar Garg S/O Panna Lal Garg & Anr.
CITATION;AIR 2015(NOC)885ALL
Hon'ble Anil Kumar,J.
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ALLAHABAD HIGH COURT
Case :- CIVIL REVISION No. - 145 of 2009
Revisionist :- Amit Kumar S/O Late V.P. Ram
Opposite Party :- Prem Kumar Garg S/O Panna Lal Garg & Anr.
CITATION;AIR 2015(NOC)885ALL
Hon'ble Anil Kumar,J.