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The Code of Civil Procedure, 1908: page 309
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 309, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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No. 28
NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION
(O. 21, r. 66.)
(Title)
To
......................................................................................................... Judgment-debtor.
WHEREAS in the above-named suit……………………….., the decree-holder, has applied for the sale
of……………… You are hereby informed……………………that the…………..day of………… 20……,
has been fixed for settling the terms of the proclamation of sale.
GIVEN under my hand and the seal of the Court, this…………… day of…………20………..
J ud ge .
No. 29
PROCLAMATION OF SALE
(O. 21, r. 66)
(Title) e
(1) Suit No………………….of 20……….., decided by the………..of………in which was plaintiff
od
and was defendant.—Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil
aC
Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in
the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the
di
margin, amounting with costs and interest upto date of sale to the sum of………………………….
In
The sale will be by public auction, and the property will be put up for sale in the lots specified in the
schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the
schedule below; and the liabilities and claims attaching to the said property, so far as they have been
ascertained, are those specified in the schedule against each lot.
In the absence of any order of postponement, the sale will be held by……………..at the monthly sale
commencing at...........O’clock on the……………at…………...., In the event, however, of the
debt above specified and of the costs of the sale being tendered or paid before the knocking down of any
lot, the sale will be stopped.
At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid
by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to
them be valid without the express permission of the Court previously given. The following are the further.
Conditions of sale
1. The particulars specified in the schedule below have been stated to the best of the information of the
Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.
2. The amount by which the biddings are to be increased shall be determined by the officer
conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot
shall at once be again put up to auction.
3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is
legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the
sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to
make it advisable to do so.
4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it
subject always to the provisions of rule 69 of Order XXI.
309
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