Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 174

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 174, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

   (2) Where the property sold is movable property in the possession of some person other than the
judgment-debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in
possession prohibiting him from delivering possession of the property to any person except the purchaser.
    (3) Where the property sold is a debt not secured by a negotiable instrument, or is a share in a
corporation, the delivery thereof shall be made by a written order of the Court prohibiting the creditor
from receiving the debt or any interest thereon, and the debtor from making payment thereof to any
person except the purchaser, or prohibiting the person in whose name the share, may be standing from
making any transfer of the share to any person except the purchaser, or receiving payment of any
dividend or interest thereon, and the manager, secretary or other proper officer of the corporation from
permitting any such transfer or making any such payment to any person except the purchaser.
    80. Transfer of negotiable instruments and shares.—(1) Where the execution of a document or the
endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is
required to transfer such negotiable instrument or, share the Judge or such officer as he may appoint in
this behalf may execute such document or make such endorsement as may be necessary, and such
execution or endorsement shall have the same effect as an execution or endorsement by the party.
    (2) Such execution or endorsement may be in the following form, namely:—
    A. B. by C.D. Judge of the Court of (or as the case may be), in a suit by E. F. against A.B.
    (3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some
                                                                    e
person to receive any interest or dividend due thereon and to sign a receipt for the same; and any receipt
                                                              od
so signed shall be as valid and effectual for all purposes as if the same had been signed by the party
himself.
                                                        aC
    81. Vesting order in case of other property.—In the case of any movable property not hereinbefore
provided for, the Court may make an order vesting such property in the purchaser or as he may direct; and
                                                   di
such property shall vest accordingly.
                                               In
                                          Sale of immovable property
    82. What Court may order sales.—Sales of immovable property in execution of decrees may be
ordered by any Court other than a Court of Small Causes.
    83. Postponement of sale to enable judgment-debtor to raise amount of decree.—(1) Where an
order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that
there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private
sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor,
the Court may, on his application, postpone the sale of the property comprised in the order for sale on
such terms and for such period as it thinks proper, to enable him to raise the amount.
    (2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within a
period to be mentioned therein, and notwithstanding anything contained in section 64, to make the
proposed mortgage, lease or sale:
    Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the
judgment-debtor, but, save in so far as a decree-holder is entitled to set-off such money under the
provisions of rule 72, into Court:
    Provided also that not mortgage, lease or sale under this rule shall become absolute until it has been
confirmed by the Court.
    (3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sole in execution
of a decree for sale in enforcement of a mortgage of, or charge on, such property.
    84. Deposit by purchaser and re-sale on default.—(1) On every sale of immovable property the
person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five
per cent. on the amount of his purchase-money to the officer or other person conducting the sale, and in
default of such deposit, the property shall forthwith be re-sold.
    (2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under
rule 72, the Court may dispense with the requirements of this rule.

                                                    174

Compare original page image