ORDER XXI  SALE OF MOVABLE PROPERTY - RULE 74, 75, 76, 77, 78, 79, 80, 81 OF CODE OF CIVIL PROCEDURE 1908

What is the procedure for Sale of agricultural produce? What is the Special provisions relating to growing crops? Negotiable instruments and shares in corporate, What is Sale by public auction? What is the meaning Irregularity not to vitiate sale, but any person injured may sue? How to do Delivery of movable property? debts and shares, Transfer of negotiable instruments and shares, What is Vesting order in case of other property? Rule 74, 75, 76, 77, 78, 79, 80 and 81 of Order XXI of Code of Civil Procedure 1908

Sale of agricultural produce, Special provisions relating to growing crops, Negotiable instruments and shares in corporate, Sale by public auction, Irregularity not to vitiate sale, but any person injured may sue, Delivery of movable property, debts and shares, Transfer of negotiable instruments and shares and Vesting order in case of other property are defined under Rule 74, 75, 76, 77, 78, 79, 80 and 81  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 74 Order XXI of Code of Civil Procedure 1908 "Sale of agricultural produce"

(1) Where the property to be sold is agricultural produce, the, sale shall be held,-

(a) if such produce is a growing crop, on or near the land on which such crop has grown, or

(b) if such produce has been cut or gathered, at or near the threshing floor or place for treading out grain or the like or fodder-stack on or in which it is deposited

Provided that the Court may direct the sale to be held at the nearest place of public resort, if it is of opinion that the produce is thereby likely to sell to greater advantage.

(2) Where, on the produce being put up or sale,-

(a) a fair price, in the estimation of the person holding the sale, is not offered for it, and

(b) the owner of the produce or a person authorized to act in his behalf applies to have the sale postponed till next day or, if a market is held at the place of sale, the next market-day,

the sale shall be postponed accordingly and shall be then completed, whatever price may be offered for the produce.

Rule 75 Order XXI of Code of Civil Procedure 1908 "Special provisions relating to growing crops"

(1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.

(2) Where the crop from its nature does not admit of being stored, it may be sold before it is cut and gathered and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering it.

Rule 76 Order XXI of Code of Civil Procedure 1908 "Negotiable instruments and shares in corporate"

Where the property to be sold is a negotiable instrument or a share in a corporation, the Court may, instead of directing the sale to be made by public auction, authorize the sale of such instrument or share through a broker.

Rule 77 Order XXI of Code of Civil Procedure 1908 "Sale by public auction"

(1) Where movable property is sold by public auction the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be re-sold.

(2) On payment of the purchase-money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute.

(3) Where the movable property to be sold is a share in goods belonging to the judgment-debtor and a co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.

Rule 78 Order XXI of Code of Civil Procedure 1908 "Irregularity not to vitiate sale, but any person injured may sue"

No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute a suit against him for compensation or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery.

Rule 80 Order XXI of Code of Civil Procedure 1908 "Delivery of movable property, debts and shares"

(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.

(2) Where the property sold is movable property in the possession of some person other than the judgment-debtor the delivery thereof to the purchaser shall be made by giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser.

(3) Where the property sold is a debt not by a negotiable instrument, or is a share in a corporation, ,the delivery thereof shall be made by a written order of the Court prohibiting the creditor from receiving the debt or any interest thereon, and the debtor from making payment thereof to any person except the purchaser, of prohibiting the person in whose name the share may be standing from making any transfer of the share to any person except the purchaser, or receiving payment of any dividend or interest thereon, and the manager, secrets or other proper officer of the corporation from permitting any such transfer or making any such payment to any person except the purchaser.

Rule 80 Order XXI of Code of Civil Procedure 1908 "Transfer of negotiable instruments and shares"

(1) Where the execution of a document or the endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is required to transfer such negotiable instrument or share, the Judge or such officer as he, may appoint in this behalf may execute such document or make such endorsement as may be necessary, and such execution or endorsement shall have the same effect as an execution or endorsement by the party.

(2) Such execution or endorsement may be in the following form, namely :-

A.B. by C. D. Judge of the Court of (or as the case may be), in a suit by E. F. against A. B.

(3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some person to receive any interest or dividend due thereon and to sign a receipt for the same; and any receipt so signed shall be as valid and effectual for all purposes as if the same had been signed by the party himself.

Rule 81 Order XXI of Code of Civil Procedure 1908 "Vesting order in case of other property"

In the case of any movable property not hereinbefore provided for, the Court may make an. order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly.

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