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The Code of Civil Procedure, 1908: page 171

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 171, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                        Sale generally

   64. Power to order property attached to be sold and proceeds to be paid to person entitled.—Any
Court executing a decree may order that any property attached by it and liable to sale, or such portion
thereof as may see necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a
sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.

    65. Sales by whom conducted and how made.—Save as otherwise prescribed, every sale in
execution of a decree shall be conducted by an officer of the Court or by such other person as the Court
may appoint in this behalf, and shall be made by public auction in manner prescribed.

   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 1[or, where a part of the property would be sufficient to satisfy the
    decree, such part];
                                                                          e
        (b) the revenue assessed upon the estate or past of the estate, where the property to be sold is an
                                                                         od
    interest in an estate or in part of an estate paying revenue to the Government;

         (c) any incumbrance to which the property is liable;
                                                                aC
         (d) the amount for the recovery of which the sale is ordered; and
                                                            di
                                                        In
         (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:
    1
      [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.
    67. Mode of making proclamation.—(1) Every proclamation shall be made and published, as nearly
as may be, in the manner prescribed by rule 54, sub-rule (2).
    (2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in
a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.

    (3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary
to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the
Court, otherwise be given.


1. Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

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