Explain the procedure of sale of the property attached in execution of the decree.

Question: Explain the procedure of sale of the property attached in execution of the decree.

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Answer

Section 65 to 73 and Rules 64 to 94 of Order 21 deal with the subject relating to the sale of movable and immovable properties.

a) Power of court: Rules 64-65

Rule 64 of Order 21 provides that any court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree shall be sold, and the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.

b) Proclamation of sale: Rule 66-67

After the property is attached and ordered to be sold by public auction, the first step to be taken by the court is to cause a proclamation of the intended sale to be made in the language of the court. Such proclamation shall be drawn up after notices to the decree-holder and the judgment –debtor and shall state the following details:

1. 1. time and place of sale;
   2. property or a part thereof to be sold;
   3. revenue, if any, assessed upon the property;
   4. encumbrance, if any, to which the property is liable;
   5. amount to be recovered;
   6. such other particulars which the court considers material for a purchaser to know in order to judge the nature and value of the property.

c) Time of sale: Rule 68

Unless the property ordered to be sold is perishable or the expense of keeping it in custody is likely to exceed its value, no sale without the consent in writing of the judgment-debtor can be conducted before fifteen days in case of immovable property and before seven days in case of movable property from the date of proclamation in the courthouse.

d) Stoppage of sale: Rule 69(3)

Every sale shall be stopped if, before the property is knocked down, the debt and costs are tendered to the officer conducting the sale, or paid into the court.

e) Restriction to bid: Rules 72-73

1. A decree-holder cannot, without the express permission of the court, purchase the property sold in execution of his own decree.
2. A mortgage of immovable property cannot, without the leave of the court, purchase the property sold in execution of a decree on the mortgage. This is a mandatory requirement.
3. Any officer or other person having any duty to perform in connection with any execution sale, cannot, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold in execution.

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