ORDER XXI SALE OF IMMOVABLE PROPERTY - RULE 90,
91, 92, 93, 94, 95, 96 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
Application to set aside sale on ground of
irregularity or fraud, 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, Return of purchase-money in certain cases,
Certificate to purchaser, Delivery of property in
occupancy of judgment-debtor and Delivery of property in
occupancy of tenant are defined under Rule
90, 91, 92, 93, 94, 95 and 96 of Order XXI of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 90 Order XXI of Code of Civil Procedure 1908 "Application
to set aside sale on ground of irregularity or fraud"
(1) Where any immovable property has been sold in
execution of a decree, the decree-holder, or the purchaser,
or any other person entitled to share in a ratable
distribution of assets or whose interests are affected by
the sale, may apply to the Court to set aside the sale on
the ground of a material irregularity or fraud in publishing
or conducting it.
(2) No sale shall be set aside on the ground of irregularity
or fraud in publishing or conducting it unless, upon the
facts proved, the Court is satisfied that the applicant has
sustained substantial injury by reason of such h
irregularity or fraud.
(3) No application to set aside a sale under this rule shall
be entertained upon any ground which the applicant could
have taken on or before the date on which the proclamation
of sale was drawn up.
Explanation.-The lucre absence of, or defect in, attachment
of the property sold shall not, by it be a ground for
setting aside a sale under this rule.
Rule 91 Order XXI of Code of Civil Procedure 1908 "Application
by purchaser to set aside sale on ground of judgment-debtor
having no saleable interest"
The purchaser at any such sale in execution of a
decree-may apply to the Court to set aside the sale, on
the ground that the judgment-debtor had no saleable
interest in the property sold.
Rule 92 Order XXI of Code of Civil Procedure 1908 "Sale
when to become absolute or be set aside"
(1) Where no application is made rule 89, rule 90 or rule
91, or where such application is made and disallowed, the
Court shall make an order confirming the sale, and thereupon
the sale shall become absolute:
9[Provided that, where any property is sold in execution of
a decree pending the final disposal of any claim to, or any
objection to the attachment of, such property, the Court
shall not confirm such sale until the final disposal of such
claim or objection.
(2) Where such application is made and allowed, and where.
in the case of an application under rule 89, the deposit
required by that rule is made within thirty days from the
date of sale, 43[or in cases where the amount of the
deposited under rule 89 is found to be deficient owing to
any clerical or arithmetical mistake on the part of the
depositor and such deficiency has been made good within such
time as way be fixed by the Court, the Court shall make an
order setting aside the sale:
Provided that no order shall be made unless notice of the
application has been given to all persons affected thereby.
(3) No suit to set aside an order made under this rule shall
be brought by any person against whom such order is made.
(4) Where a third party challenges the judgment-doubter's
title by filing a suit against the auction-purchaser, the
decree-holder and the judgment-debtor shaft be necessary
parties to the suit.
(5) if the suit referred to in sub-rule (4) is decreed, the
Court shall direct the decree-holder to refund the money to
the auction-purchaser, and where such an order is passed the
execution proceeding in which sale the had been held shall,
unless the Court otherwise directs, be revived at the stage
at which the sale was ordered.
Rule 93 Order XXI of Code of Civil Procedure 1908 "Return
of purchase-money in certain cases"
Where a sale of immovable property is set aside under 92,
the purchaser shall be entitled to an order for repayment of
his purchase-money, with or without interest as the Court
may direct, against any person to whom it has been paid.
Rule 94 Order XXI of Code of Civil Procedure 1908 "Certificate
to purchaser"
Where a sale of immovable property has become absolute,
the Court a grant a certificate specifying the property sold
and the name of the person who at the time of sale is
declared to be the purchaser. Such certificate shall bear
date the day on which the sale became absolute.
Rule 95 Order XXI of Code of Civil Procedure 1908 "Delivery
of property in occupancy of judgment-debtor"
Where the immovable property sold is in the occupancy of
the judgment-debtor or some person on his behalf or of some
person claiming under a title created by the judgment-debtor
subsequently to the attachment of such property and a
certificate in respect thereof has been granted under rule
94, the Court shall, on the application of the purchaser,
order to delivery to be made by putting such purchaser or
any person whom he may appoint to receive delivery on his
behalf in possession of the property, and, if need be, by
removing any person who refuses to vacate the same.
Rule 96 Order XXI of Code of Civil Procedure 1908 "Delivery
of property in occupancy of tenant"
Where the property sold is in the of a occupancy of a
tenant or other person entitled to occupy same and a
certificate in respect thereof has been granted under rule
94, the Court shall, on the application of the purchaser,
order delivery to be made by affixing a copy of the
certificate of sale in some conspicuous place on the
property, and proclaiming to the occupant by beat of drum or
other customary mode, at some convenient place, that the
interest of the judgment-debtor has been transferred to the
purchaser.
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
