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Application for sale of attached property-show cause notice

Application for sale of attached property-show cause notice should be given to other side

 
 order passed by the learned Judge of the trial Court below Ex. 107 was without any notice to him and therefore it is bad in law. The said point was raised before the Appellate Court. The Appellate Judge replied that act of sale was only ministerial in nature and therefore, it was not necessary that notice should have been given to other party of such application. It is not possible for me to agree with the said view. Every order passed by the Court is judicial order. Further by the application Ex. 107, the Respondent is praying for certain order having penal or civil consequences for the petitioner. The Petitioner was having a right to show to the Court that he had obeyed the order or he had not committed any breach of the same. The Court has to decide whether breach continued or there was disobedience of the order


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