M.L. MUBARAK BASHA vs MUNI NAIDU

The Supreme Court held that under Order XXI, Rule 66 of the Civil Procedure Code (CPC), the power to fix the upset price for a public auction lies solely with the Court and not with the Commissioner. The Court emphasized that this is a judicial function and any deviation undermines the integrity of the sale process. The appeal was dismissed, affirming the High Court's decision to uphold the sale despite the appellant's challenge regarding the Commissioner's authority.