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Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 59
 
  


 

59. Stay of sale.- Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the court may,—

(a) if the property is movable, make an Order postponing the sale pending the adjudication of the claim or objection, or

(b) if the property is immovable, make an Order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be confirmed,

and any such Order may be made subject to such terms and conditions as to security or otherwise as the court thinks fit.

HIGH COURT AMENDMENT of Rule 59 (Old).

PATNA.- Substituted the following for Rule 59:

“59. The claimant or objector must adduce evidence to show that at the date of the decree or of the attachment, as the case may be, he had some interest, in or was possessed of, the property in question.”

 

 

 

 

 

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