Code of Civil Procedure, (Act V'of 1908), 1908 - Order XXI, Rule 64 - Scope of - Meaning of the words "as may seem necessary to satisfy the decree".

Order XXI Rule 64 of the C.P.C. lays down that "any court executing decree may order that any property attached by it and liable to sale or such portion thereof as may seem necessary to satisfy the decree, shall be sold and that the proceeds of such sale, or a sufficient portion thereof shall be paid to the party entitled under the decree to receive the same."

The 5th respondent/decree-holder, S.P.R. Reddy obtained two decrees against the Judgment-debtor Pujari Subbarayudu in two suits viz.; O.S. 15 of 1949 and O.S. 19 of 1953. He filed execution proceedings No. 24 of 1953 in the trial Court for selling the properties belonging to the judgment-debtor in Devanoor and Gudipadu villages in order to satisfy the decree in O.S. 15 of 1949. He also applied for permission to bid at the auction sale. In the auction sale held on March 2, 1955, the 5th respondent purchased the lands situated in village Devanoor for a sum of Rs. 16,880/-. Despite the fact that the sale proceeds of the lands in village Devanoor alone was sufficient to satisfy the decretal amount mentioned in the warrant of sale and the proclamation of sale viz.: Rs. 16,715.50, the Court proceeded to sell the properties of the judgment-debtor in village Gudipadu which fetched Rs. 12,500/- and which were purchased by the appel lant auction-purchaser. The judgment-debtor filed an application on March 31, 1955 to set aside the sale contending, inter alia, that once the sale of the properties in village Devanoor was sufficient to satisfy the amount mentioned in the sale proclamation, the Court should have stopped the sale as required by the mandatory provisions of Order XXI Rule 64 of the C.P.C. The Trial Court rejected the said application; whereupon the decree-holder on April 20 obtained an order from the court for rateable distribution of the sale proceeds. In appeal the High Court accepted the plea of the judgment-debtor regarding non-compliance with the provisions of O.XXI Rule 64 C.P.C. and set aside the sale with respect to the properties situated in village Gudipadu.

Dismissing the appeal by certificate the Court.