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The Code of Civil Procedure, 1908: page 176

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 176, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     1
       [Provided that, where any property is sold in execution of a decree pending the final disposal of any
claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until
the final disposal of such claim or objection.]
     (2) Where such application is made and allowed, and where, in the case of an application-under
rule 89, the deposit required by that rule is made within 2[sixty days] from the date of sale, 3[or in cases
where the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical
mistake on the part of the depositor and such deficiency has been made good within such time as may be
fixed by the Court, the Court shall make an order setting aside the sale]:
     Provided that no order shall be made unless notice of the application has been given to all persons
affected thereby:
     4
       [Provided further that the deposit under this sub-rule may be made within sixty days in all such cases
where the period of thirty days, within which the deposit had to be made, has not expired before the
commencement of the Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002).]
     (3) No suit to set aside an order made under this rule shall be brought by any person against whom
such order is made.
     5
       [(4) Where a third party challenges the judgment-debtor’s title by filing a suit against the
auction-purchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit.
     (5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund
the money to the auction-purchaser, and where such an order is passed the execution proceeding in which
                                                                                   e
the sale had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale
was ordered.]                                                               od
     93. Return of purchaser-money in certain cases.—Where a sale of immovable property is set aside
                                                                    aC
under rule 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or
without interest as the Court may direct, against any person to whom it has been paid.
                                                               di
     94. Certificate to purchaser.—Where a sale of immovable property has become absolute, the Court
                                                          In
shall grant a certificate specifying the property sold and the name of the person who at the time of sale is
declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.
     95. Delivery of property in occupancy of judgment-debtor—Where the immovable property sold
is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming
under a title created by the judgment-debtor subsequently to the attachment of such property and a
certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the
purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to
receive delivery on his behalf in possession of the property, and, if need be, by removing any person who
refuses to vacate the same.
     96. Delivery of property in occupancy of tenant.—Where the property sold is in the occupancy of a
tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted
under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a
copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant
by beat of drum or other customary mode, at some convenient place, that the interest of the
judgment-debtor has been transferred to the purchaser.
                     Resistance of delivery of possession to decree-holder or purchaser
     97. Resistance or obstruction to possession of immovable property.—(1) Where the holder of a
decree for the possession of immovable property or the purchaser of any such property sold in execution
of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make
an application to the Court complaining of such resistance or obstruction.
     6
       [(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the
application in accordance with the provisions herein contained.]

1. Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 14, for “thirty days” (w.e.f. 1 -7-2002).
3. Subs. by Act 104 of 1976, s. 72, for “the Court shall make an order setting aside the sale” (w.e.f. 1-2-1977).
4. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1 -7-2002).
5. In s. by Ac t 104 o f 1976, s . 72 ( w. e.f . 1-2 -1977) .
6. Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977).

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