Rule 22A of CPC : Rule 22A: Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.

Explanation using Example

Example 1:

Scenario: Ramesh, a judgment-debtor, has a property that is to be sold in execution of a decree obtained by Suresh, the decree-holder. The court issues a proclamation of sale on January 1st. Unfortunately, Ramesh passes away on January 10th, but the sale is scheduled for January 20th.

Application of Rule 22A:

• The sale proceeds as planned on January 20th, despite Ramesh's death.
• Suresh, the decree-holder, does not substitute Ramesh's legal representative before the sale.
• Ramesh's son, who is his legal representative, later argues that the sale should be set aside because he was not substituted in place of his deceased father.

Outcome:

• The court will not set aside the sale merely because Ramesh died after the proclamation but before the sale.
• However, if Ramesh's son can prove that he was prejudiced by the sale (e.g., he was not given a fair opportunity to settle the debt or protect the property), the court may consider setting aside the sale.

Example 2:

Scenario: Meena, a judgment-debtor, has a property that is to be sold in execution of a decree obtained by Anil, the decree-holder. The court issues a proclamation of sale on February 1st. Meena dies on February 5th, and the sale is scheduled for February 15th.

Application of Rule 22A:

• The sale takes place on February 15th as planned, despite Meena's death.
• Anil, the decree-holder, does not substitute Meena's legal representative before the sale.
• Meena's daughter, who is her legal representative, later claims that the sale should be set aside because she was not substituted in place of her deceased mother.

Outcome:

• The court will not automatically set aside the sale just because Meena died after the proclamation but before the sale.
• If Meena's daughter can demonstrate that she was prejudiced by the sale (e.g., she was not informed about the sale or did not have the opportunity to contest it), the court may decide to set aside the sale.

Example 3:

Scenario: Vijay, a judgment-debtor, has a property that is to be sold in execution of a decree obtained by Raj, the decree-holder. The court issues a proclamation of sale on March 1st. Vijay dies on March 10th, and the sale is scheduled for March 25th.

Application of Rule 22A:

• The sale proceeds on March 25th as planned, despite Vijay's death.
• Raj, the decree-holder, does not substitute Vijay's legal representative before the sale.
• Vijay's wife, who is his legal representative, later argues that the sale should be set aside because she was not substituted in place of her deceased husband.

Outcome:

• The court will not set aside the sale merely because Vijay died after the proclamation but before the sale.
• However, if Vijay's wife can prove that she was prejudiced by the sale (e.g., she was not given a fair opportunity to settle the debt or protect the property), the court may consider setting aside the sale.