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The Code of Civil Procedure, 1908: page 173

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 173, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (3) In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to
purchase by the decree-holder under that rule.]
    73. Restriction on bidding or purchase by officers.—No officer or other person having any duty to
perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to
acquire any interest in the property sold.
                                            Sale of movable property
    74. 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 trading 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 for sale,—
        (a) a fair price, in the estimation of the person holding the sale, is not offered for it, and
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        (b) the owner of the produce or a person authorized to act in his behalf applies to have the sale
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    postponed till next day or, if a market is held at the place of sale, the next market-day,
                                                          aC
the sale shall be postponed accordingly and shall be then completed, whatever price may be offered for
the produce.
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    75. Special provisions relating to growing crops.—(1) Where the property to be sold is a growing crop
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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.
    76. Negotiable instruments and shares in corporations.—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, authorized the sale of such instrument or share through a broker.
     77. 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.
     78. 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.
    79. 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.


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