Every Sale Shall be Stopped if the Debt and Costs are Tendered Before the Auction’s Conclusion – High Court of Punjab and Haryana
In a significant ruling, the High Court of Punjab and Haryana has intervened in the auction of attached land in a case concerning the execution of a decree for compensation following a murder. The court, presided over by Hon’ble Mr. Justice Vikas Suri, dealt with the revision petition challenging the decision of the Addl. Civil Judge, Ferozepur, regarding the proposed auction sale of land.
Legal Point:
The court examined the execution of a decree under the Civil Procedure Code (CPC), specifically focusing on Order 21 Rule 69, which involves the judicial discretion to adjourn or stop a sale.
Background and Issues:
Satinder Singh, the petitioner, is aggrieved by the order to auction his land, aimed at recovering Rs. 15 lakh as compensation for the death of Kulwant Singh, for which he and others were partly liable. The sale was repeatedly postponed due to various reasons, including lack of bidders and administrative orders during the COVID-19 pandemic.
Court’s Assessment:
The court noted that the liability of the petitioner was not joint or several but was to be shared equally among six defendants. The petitioner expressed willingness to deposit the entire decretal amount to halt the auction, claiming that the land’s valuation far exceeded the proposed auction price.
Justice Suri referred to Order 21 Rule 69 of the CPC, highlighting that a sale must be stopped if the debt and costs are tendered before the auction’s conclusion. This provision aims to give a chance to the judgment debtor to avoid the auction by paying the required amount.
Decision:
In conclusion, the court directed the petitioner to deposit the decretal amount and costs with the executing court to stop the sale. The scheduled auction on March 18, 2024, was ordered to be kept in abeyance until 4.30 pm of the same day, subject to the executing court’s further orders. Additionally, the petitioner was warned of incurring additional costs for non-compliance.
Date of Decision: March 15, 2024
Satinder Singh vs Sukhwant Kaur and Others
