Lawzonline.com 
 
Home|Discussion Forum|Communities|Professional Search|Law Dictionary|Bare Acts|Law Schools|State Bare Acts|Free Judgement Search|Law quotes
Articles  |    Humor    |    Law Digest
 
 
Bare acts search

 
  
Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 66
 
  


 

66. Proclamation of sales by public auction.- (1) Where any property is ordered to be sold by public auction in execution of a decree, the court shall cause a proclamation of the intended sale to be made in the language of such court.

(2) Such proclamation shall be drawn up after notice to the decree holder and the judgment debtor and shall state the time and place of sale, and specify as fairly and accurately as possible—

(a) the property to be sold, or, where a part of the property would be sufficient to satisfy the decree, such part;

(b) the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the government;

(C) any incumbrance to which the property is liable;

(d) the amount for the recovery of which the sale is ordered; and

(e) every other thing which the court considers material for a purchaser to know in order to judge of the nature and value of the property:

Provided that where notice of the date for settling the terms of the proclamation has been given to the judgment debtor by means of an Order under rule 54, it shall not be necessary to give notice under this rule to the judgment debtor unless the court otherwise directs:

Provided further that nothing in this rule shall be construed as requiring the court to enter in the proclamation of sale its own estimate of the value of the property, but the proclamation shall include the estimate, if any, given, by either or both of the parties.

(3) Every application for an Order for sale under this rule shall be accompanied by a statement signed and verified in the manner hereinbefore prescribed for the signing and verification of pleadings and containing, so far as they are known to or can be ascertained by the person making the verification, the matters required by sub-rule (2) to be specified in the proclamation.

(4) For the purpose of ascertaining the matters to be specified in the proclamation, the court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.


HIGH COURT AMENDMENTS

ANDHRA PRADESH AND KERALA: LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- (i) Same as that of Madras.

(ii) Read clause (e) as (t) and add the following as (e):

“(e) the value of the property as stated (I) by the D.H. and (ii) by the J.D.”. (13.10.1936).

(iii) In sub-rule (1) for “made” substitute “drawn up”. (12.11.1952).

CALCUTTA, GAUHATI, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA.- After property in sub-rule (2) (e) add:

“Provided that it shall not be necessary for the Court itself to give its own estimate of the value of the property but the proclamation shall include the estimate if any given by either or both the parties.”

DELHI AND HIMACHAL PRADESH.- (i) After sub-rule (2) add the following as sub-rule (3) and renumber the existing sub-rules (3) and (4) as (4) and (5) respectively:

“(3) Where the property to be sold is movable property which has been made over to a custodian under sub-clause (a) or (c) of clause (1) of Rule 43 of this Order, the Court shall also issue a process by way of notice to the custodian directing him to produce the property at the place of sale, at a time to be specified therein with a warning that if he fails to comply with the directions, he shall be liable to action under Section 145 of the Code of Civil Procedure.” (31.10.1966 and 25.1.197 1).

KARNATAKA.- In Rule 66, sub-rule (2) re-number clause (e) as clause (f) and insert the following as clause (e):

“(e) The value of the property as stated by the decree-holder and the value of the property as stated by the judgment-debtor,”

and in the same sub-rule, delete the word “and” occurring at the end of clause (d). (30.3.1967).

MADRYA PRADESH.- Add the following in clause (a), sub-rule (2) at the end: “including the D.Hs’ estimate of the approximate market price.” (16.9.1960).

MADRAS AND PONDICHERRY.- (i) In sub-rule (1) for “made” substitute ‘drawn up”.
(ii) substitute sub-rule (2) as follows:

“2. The term of such proclamation shall be settled in Court after notice to the DR. and J.D except in cases where notices have already been served under Order XXI, Rule 64 and such proclamation shall state the time and place of sale and specify as accurately possible - (a) the property to be sold, (b) the revenue assessed upon the estate or part of the estate where the property to be sold is an interest in an estate or part of an estate paying revenue to the Government, (c) any incumbrance to which the property is liable, (d) the amount for the recovery of which the sale is ordered, (e) the value of the property as stated (i) by the DR. and (ii) by the 3D., (f) every other thing which the Court considers material for a purchaser to know in order to judge the nature and value of the property.” (5.9.1968).

ORISSA.- Deleted (14.5.1984).

PATNA.- Omit the words “shall be drawn up after notice to the D.H. and 3D.” from sub-rule (2). Add the following proviso after (c) to sub-rule (2):

“Provided that no estimate of the value of the property other than those, if any, made by the D.H. and 3D. respectively together with a statement that the Court does vouch for the accuracy of either shall be inserted in sale proclamation.”


PUNJAB, HARYANA AND CHANDIGARH.-
Add the following words to clause (e) of sub-rule (2) of Rule 66:

“Provided that it shall not be necessary for the Court itself to give its own estimate of the value of the property; but the proclamation shall include the estimate, if any, given by either or both of the parties.”

After sub-rule (2) of Rule 66, add the following as sub-rule (3), and re-number the existing sub-rule (3) and (4) as (4) and (5) respectively:-

“(3) Where the property to be sold is movable property which has been made over to a custodian under sub-clauses (a) or (c) of clause (1) of Rule 43 of this Order, the Court shall also issue a process by way of notice to the custodian, directing him to produce the property at the place of sale, at a time to be specified therein with a warning that if he fails to comply with the directions, he shall be liable to action under Section 145 of the C.P. Code.”

 

 

 

 

 

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

 

Quick Links     
      
Family LawsInsurance LawsEnvironmental lawTax LawFDI 
Company LawTelecommunication LawLabour LawsCentral RulesRBI 
Business & Commercial LawsConsumer lawsCorporate lawsCriminal lawsSEBI 
Intellectual Property lawMedia & Press lawsPharma & Medical lawsProperty lawFEMA 
Debt Recovery LawsAmendmentsProfessional lawBanking LawsLegal Links 
      
      
 
 
 
 
 

 
   
 

 

 

Privacy PolicyDisclaimer

Copyright @2010