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 proclamati...

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