JUDGMENT Mr. Amit Rawal J. (Oral) - Learned counsel for the petitioner submits that the Bank had obtained a judgment and decree dated 01.08.2014 of an amount of Rs.3,54,476/- in a suit for recovery. In the meantime, judgment-debtor, Mahinder Pal died. As per the impugned order dated 22.07.2016, there is no compliance of the provisions of Order 21 Rule 66 of Code of Civil Procedure (hereinafter referred to as “CPC”). She further submits that opportunity should have been granted as the petitioner is willing to satisfy the decree. 2. I have heard learned counsel for the petitioner and appraised the paper book. 3. For the sake of brevity, impugned order dated 22.07.2016 and as well as, the provisions of Order 21 Rule 66 CPC read thus:- 22.07.2016 “Memo of appearance on behalf of Saroj Rani filed. Ld.Counsel for DH has submitted that warrant of sale u/s 22 rule66 be issued regarding the mortgaged property on the file.Therefore, the warrant of sale be issued to be executed byTehsildar Assandh to make the proclamation on 16.8.16 andfile its report on 26.8.16. Sd/- (Sohan Lal Malik) Civil Judge (Jr. Division) Assandh 22.7.16.” “66. Proclamation of sales by public auction.- (1) Where anyproperty is ordered to be sold by public auction in execution ofa decree, the court shall cause a proclamation of the intendedsale to be made in the language of such court. Sd/- (Sohan Lal Malik) Civil Judge (Jr. Division) Assandh 22.7.16.” “66. Proclamation of sales by public auction.- (1) Where anyproperty is ordered to be sold by public auction in execution ofa decree, the court shall cause a proclamation of the intendedsale to be made in the language of such court. (2) Such proclamation shall be drawn up after notice to thedecree holder and the judgment debtor and shall state the timeand place of sale, and specify as fairly and accurately aspossible— (a) the property to be sold, or, where a part of the propertywould be sufficient to satisfy the decree, such part; (b) the revenue assessed upon the estate or part of the estate,where the property to be sold is an interest in an estate or inpart of an estate paying revenue to the government; (C) any incumbrance to which the property is liable; (d) the amount for the recovery of which the sale is ordered;and (e) every other thing which the court considers material for apurchaser to know in order to judge of the nature and value ofthe property: Provided that where notice of the date for settling the terms ofthe proclamation has been given to the judgment debtor bymeans of an Order under rule 54, it shall not be necessary togive notice under this rule to the judgment debtor unless thecourt otherwise directs: Provided further that nothing in this rule shall be construed asrequiring the court to enter in the proclamation of sale its ownestimate of the value of the property, but the proclamationshall include the estimate, if any, given, by either or both of theparties. (3) Every application for an Order for sale under this ruleshall be accompanied by a statement signed and verified in themanner hereinbefore prescribed for the signing andverification of pleadings and containing, so far as they areknown to or can be ascertained by the person making theverification, the matters required by sub-rule (2) to bespecified in the proclamation. (4) For the purpose of ascertaining the matters to be specifiedin the proclamation, the court may summon any person whomit thinks necessary to summon and may examine him in respectto any such matters and require him to produce any documentin his possession or power relating thereto.” 4. (4) For the purpose of ascertaining the matters to be specifiedin the proclamation, the court may summon any person whomit thinks necessary to summon and may examine him in respectto any such matters and require him to produce any documentin his possession or power relating thereto.” 4. From reading of the aforementioned provisions, it is irresistibly concluded that opportunity of hearing, much less, notice should have been issued to the decree holder and the judgment debtor before drawing the decree as to whether they are willing or not. In my view, there is no compliance of the aforesaid provisions of law. 5. In view of the aforementioned observations, I am of the view that the impugned order is liable to be set aside and the trial Court is directed to comply with the aforesaid provisions of law and thereafter shall proceed further in accordance with law. 6. I refrain myself from issuing notice of motion to other side/respondents as there is defiance of statutory provisions of law, much less, to defray the costs of litigation. Accordingly, revision petition stands disposed of.