Order 22, rule 57 of Civil Procedure Rules : Notification of sale by public auction
(1) Where any property is ordered to be sold by public auction in execution of a decree, the court shall cause public notice and advertisement of the intended sale to be given in such manner as the court may direct.
(2) Such public notice shall be drawn up after notice to the decree-holder and the judgment-debtor, and shall state the time and place of sale, and specify as fairly and accurately as possible—
(a) the property to be sold;
(b) any encumbrance to which the property is liable;
(c) the amount for the recovery of which the sale is ordered; and
(d) every other thing which the court considers material for a purchaser to know in order to judge the nature and value of the property:
Provided that notice to the judgment-debtor may be dispensed with, or substituted service thereof ordered, for reasons to be recorded by the court.
(3) Every application for an order for sale under this rule shall be accompanied by a statement signed in the manner hereinbefore prescribed for the signing of pleadings and containing, so far as they are known to or can be ascertained by the person so signing, the matters required by subrule (2) to be specified in the public notice.
(4) For the purpose of ascertaining the matters to be specified in the public notice, the court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.
(5) Directions shall be given as to the mode and expense of advertising the sale, which expense shall be costs of the sale.
(6) The advertisement shall be in Form No. 15 of Appendix A.
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- Order 22, rule 58 - Time of sale
Save in the case of property of the kind described in the proviso to rule 37, no sale hereunder shall without the consent in writing of the judgment-debtor, take place until after the expiration of at...
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Any deficiency of price which may happen on a re-sale by reason of the purchaser’s default, and all expenses attending such re-sale, shall be certified to the court by the officer or other person...
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(1) No holder of a decree in execution of which property is sold shall, without the express permission of the court, bid for or purchase the property.
(2) Where a decree-holder purchases with such...
- Order 22, rule 62 - 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.
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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 by public auction, authorise the sale of such instrument or...
- Order 22, rule 64 - Sales 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...
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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...
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(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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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 such property shall vest accordingly.
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Sale of immovable property in execution of decrees may be ordered by any court.
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(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 centum on the amount of his purchase- money to...
- Order 22, rule 70 - Payment of purchase-money
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Where the property sold is a share of undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall...
- Order 22, rule 74 - Application to set aside sale on deposit
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Where the court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor, or by some other person at his instigation, it shall direct that the...
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- Order 24, rule 1 - No abatement by party’s death if right survives
The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues.
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Where there are more plaintiffs or defendants than one, and any one of them dies, and where the cause of action survives or continues to the surviving plaintiff or plaintiffs alone or against the...
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Nothing in rules 3, 4 and7 shall apply to proceedings in execution of a decree or order.
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