ORDER XXI  ADJUDICATION OF CLAIMS AND OBJECTIONS - RULE 67, 68, 69, 70, 71, 72, 73 OF CODE OF CIVIL PROCEDURE 1908

What is the Mode of making proclamation, Time of sale? What is Adjournment or stoppage of sale? What is the meaning of Defaulting purchaser answerable for loss on re-sale? What is the meaning of Decree holder not to bid for or buy property without permission? What is the meaning of Mortgagee not to bid at sate without the leave of the Court? What is Restriction on bidding or purchase by officers? Rule 67, 68, 69, 70, 71, 72 and 73 of Order XXI of Code of Civil Procedure 1908

Mode of making proclamation, Time of sale, Adjournment or stoppage of sale, Defaulting purchaser answerable for loss on re-sale, Decree holder not to bid for or buy property without permission, Mortgagee not to bid at sate without the leave of the Court and Restriction on bidding or purchase by officers are defined under Rule 67, 68, 69, 70, 71, 72 and 73  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 67 Order XXI of Code of Civil Procedure 1908 "Mode of making proclamation"

(1) Every proclamation shall be made and published, as nearly as may be, in the manner prescribed by rule 54, sub-rule (2).

(2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.

(3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Court, otherwise be given.

Rule 68 Order XXI of Code of Civil Procedure 1908 "Time of sale"

Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the expiration of at least fifteen days in the case of immovable property, and of at least seven days in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.

Rule 69 Order XXI of Code of Civil Procedure 1908 "Adjournment or stoppage of sale"

 (1) The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:

Provided that, where the sale is made in, or within the precincts of, the court-house, no such adjournment shall be made without the leave of the Court.

(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days a fresh proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it.

(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs 4 of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale.

Rule 71 Order XXI of Code of Civil Procedure 1908 "Defaulting purchaser answerable for loss on re-sale"

Any deficiency of price which may happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be certified to the Court by the officer or other person holding the sale, and shall, at the instance of either the decree holder or the judgment-debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money.

Rule 72 Order XXI of Code of Civil Procedure 1908 "Decree holder not to bid for or buy property without permission"

(1) No holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the property.

(2) Where decree-holder purchases, amount of decree may be taken as payment- Where a decree holder purchases with such permission, the purchase-money and the amount due on the decree may, subject to the provisions of section 73, be set off against one another, and the Court executing the decree shall enter up satisfaction of the decree in whole or in part accordingly.

(3) Where a decree-holder purchases, by himself or through another person, without such permission, the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decree-holder.

Rule 72A Order XXI of Code of Civil Procedure 1908 "Mortgagee not to bid at sate without the leave of the Court"

(1) Notwithstanding anything contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.

(2) If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the mortgagee, and unless the Court otherwise directs, the reserve price shall be-

(a) not less than the amount then due for principal, interest and costs in respect of the mortgage if the property is sold in one lot; and

(b) in the case of any property sold lots, not less than such sum as shall appear to the Court to be properly attributable to each lot in relation to the amount then due for principal, interest and costs on the mortgage.

(3) In other respects the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to purchase by the decree-holder under that rule.

Rule 73 Order XXI of Code of Civil Procedure 1908 "Restriction on bidding or purchase by officers"

No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.

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