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Issues Involved:
1. Validity of a sale conducted by an officer after a court order revoking the sale. 2. Jurisdiction of the executing court in light of an order from the Debt Conciliation Board. Issue-Wise Detailed Analysis: 1. Validity of a Sale Conducted by an Officer after a Court Order Revoking the Sale: The primary issue is whether a sale conducted by an officer, following a court order to sell property, remains valid if the court subsequently revokes the order but the revocation is not communicated to the officer in time. The judgment explores the legal position of the officer conducting the sale in relation to the executing court. It references the case of Lakshmi Chand v. Phul Chand AIR1930All17, which held that the officer conducting the sale is an "accredited agent" of the court, and thus, the stay order does not take effect until it is communicated to the officer. This view was contrasted with the ruling in Nihal Chand v. Shab Dev Singh A.I.R. 1935 Lah. 694, which held that the officer loses the authority to conduct the sale as soon as the court issues the stay order, regardless of whether the officer has been informed. The judgment further examines the reasoning in Sant Lal v. Umrao-un-nissa (89) 12 All. 96, which supported the view that the officer becomes "functus officio" (having no further official authority) once the stay order is passed. It argues that the authority of a ministerial officer to conduct the sale ceases as soon as the court order for sale is vacated or stayed, drawing an analogy to the cessation of an agent's authority upon the principal's death, irrespective of the agent's knowledge of the event. The judgment concludes that the legal foundation for the sale disappears once the stay order is issued, rendering the officer powerless to conduct the sale even if the stay order has not reached him. This view, though potentially inconvenient for third parties, aligns with the legal position that the court and its ministerial officers' powers are limited by statutory provisions. 2. Jurisdiction of the Executing Court in Light of an Order from the Debt Conciliation Board: The second issue concerns whether the order from the Debt Conciliation Board, received by the court on 14th October 1938, affected the court's jurisdiction to sell the land. The judgment clarifies that the Debt Conciliation Board subsequently found it had no jurisdiction to entertain the proceedings, rendering its order "ultra vires" (beyond its powers). Consequently, the proceedings before the board could not affect the executing court's jurisdiction to sell the land. The judgment emphasizes that while the executing court had jurisdiction to stay the sale, the key question is whether the stay order took immediate effect, invalidating any subsequent sale, or whether the sale would be invalid only if the stay order was communicated to the officer before the sale. The legal position of the officer conducting the sale, as a ministerial officer, is crucial in determining this. The judgment ultimately aligns with the view that the stay order takes immediate effect, rendering the officer "functus officio" and invalidating any subsequent sale, even if the officer had not been informed of the stay order. This interpretation avoids complications and ensures that the court's authority is not undermined by delays in communication. Conclusion: The judgment answers the first question by affirming that the sale becomes invalid as soon as the stay order is passed, regardless of whether the officer conducting the sale has been informed. The second question is resolved by noting that the Debt Conciliation Board's proceedings were "ultra vires" and did not affect the executing court's jurisdiction. The judgment underscores the importance of prompt communication of stay orders to avoid practical inconveniences and ensure the proper functioning of judicial processes.
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