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.
ORDER XX A COSTS
What is
Provision relating to certain items? What is the Costs to be
awarded in accordance with the rules made by High Court? Rule
1 and 2 of Order XX A of Code of Civil Procedure 1908
ORDER XXI EXECUTION OF DECREES AND ORDERS
What are the Modes of paying money under decree?
What is Payment out of Court to decree-holder? What
is the procedure for Lands situate in more than one
jurisdiction? What is Transfer to Court of Small
Causes? What is Mode of transfer? What is the
Procedure where Court desires that its own decree
shall be executed by another Court? Which is the
Court receiving copies of decree etc., to file some
without proof? How is Execution of decree or order
by Court to which it is sent? How is Execution by
High Court of decree transferred by other Court? How
to file Application for execution? What is Oral
application? How to file Application for arrest to
state grounds? How to file Application for
attachment of movable property not in
judgment-debtor's possession? Rule
1, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11A and 12 of Order XXI of Code of Civil Procedure 1908
What is the meaning of Application for attachment of
immovable property to contain certain particulars?
What is the Power to require certified extract from
Collector's register in certain cases? What is
Application for execution by joint decree-holders?
What is Application for execution by transferee of
decree? What is the Procedure on receiving
application for execution of decree? What is
Execution in case of cross-decrees? What is
Execution in case of cross-claims under same decree?
What is Cross-decrees and cross-claims in
mortgage-suits? What is Simultaneous execution? What
is the procedure for Notice to show cause against
execution in certain cases? What is the meaning of
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? Rule
13, 14, 15, 16, 17, 18, 19, 29, 21, 22 and 22A of Order XXI of Code of Civil Procedure 1908
What is the Procedure after issue of notice? What is
the Process for execution? What is Endorsement on
process? When Court may stay execution? What is
Liability of judgment-debtor discharged? When
Liability of judgment-debtor discharged? What is
Stay of execution pending suit between decree-holder
and judgment-debtor? Rule
23, 24, 25, 26, 27, 28 and 29 of Order XXI of Code of Civil Procedure 1908
What is Decree for payment of money? What is Decree for
specific movable property? What is Decree for specific
performance for restitution of conjugal rights or for an
injunction? What is Discretion of Court in executing decrees
for restitution of conjugal rights? What is Decree for
execution of document or endorsement of negotiable
instrument? What is Decree for immovable property? What is
Decree for delivery of immovable property when in occupancy
of tenant? Rule
30, 31, 32, 33, 34, 35 and 36 of Order XXI of Code of Civil Procedure 1908
What is Discretionary power to permit judgment debtor to
show cause against detention in prison? What is warrant for
arrest to direct judgment-debtor to be brought up? What is
Subsistence allowance? What is Proceedings on appearance of
judgment-debtor in obedience to notice or after arrest? Rule
37, 38, 39 and 40 of Order XXI of Code of Civil Procedure 1908
What is the meaning of Examination of judgment-debtor as to
his property? What is Attachment in case of decree for rent
or mesne profits or other matter, amount of which to be
subsequently determined? What is Attachment of movable
property, other than agricultural produce, in possession of
judgment-debtor? What is Custody of movable property? What
is Attachment of agricultural produce? What is the Provision
as to agricultural produce under attachment? What is
Attachment of debt, share and other property not in
possession of judgment-debtor? What is Attachment of share
in movables? Rule
41, 42, 43, 44, 45, 46 and 47 of Order XXI of Code of Civil Procedure 1908
What is Attachment of salary or allowances of servant of the
Government or railway company or local authority? What is
Attachment of salary or allowances of private employees?
What is Attachment of partnership property? What is
Execution of decree against firm? What is Attachment of
negotiable instruments? What is the process of Attachment of
property in custody of Court or Public officer? What is
Attachment of decrees? What is Attachment of immovable
property? How is Removal of attachment after satisfaction of
decree? What is Order for payment of coin or currency notes
to party entitled under decree? What is Determination of
attachment? Rule
48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 of Order XXI of Code of Civil Procedure 1908
What is Adjudication of claims to, or objections to
attachment of, property? What is Stay of sale? What is the
Power to order property attached to be sold and proceeds to
be paid to person entitled? Sales by whom conducted and how
made? What is Proclamation of sales by public auction? Rule
58, 59, 64, 65 and 66 of Order XXI 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
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
What Courts may order sales? What is Postponement of sale to
enable judgment- debtor to raise amount of decree? What is
Deposit by purchaser and re-sale on default? What is Time
for payment in full of purchase money? What is the Procedure
In default of payment? What is Notification on re-sale? What
is Bid of co-sharer to have preference? What is Application
to set aside sale on depositor? Rule
82, 83, 84, 85, 86, 87, 88 and 89 of Order XXI of Code of Civil Procedure 1908
What is Application to set aside sale on ground of
irregularity or fraud? What is Application by purchaser to
set aside sale on ground of judgment-debtor having no
saleable interest? Sale when to become absolute or be set
aside? What is Return of purchase-money in certain cases?
What is Certificate to purchaser? What is Delivery of
property in occupancy of judgment-debtor? How is Delivery of
property in occupancy of tenant? Rule
90, 91, 92, 93, 94, 95 and 96 of Order XXI of Code of Civil Procedure 1908
What is Resistance or obstruction to possession of immovable
property? What are Orders after adjudication? What is
Dispossession by decree-holder or purchaser? What are the
Order to be passed upon application complaining of
dispossession? What are the Question to be determined? What
is the meaning of Rules not applicable to transferee pendent
lite? What are Orders to be treated as decrees? What is the
meaning of Order under rule 101 or rule 103 to be subject to
the result or pending suit? What is Hearing of application,
Setting, aside orders passed ex parte, etc.? Rule
97, 98, 99, 100, 101, 102, 103, 104, 105 and 106 of Order XXI of Code of Civil Procedure 1908
