- Order 22, rule 49 of Civil Procedure Rules : Removal of attachment after satisfaction of decree
Where—
(a) the amount decreed with costs and all charges and expenses resulting from
the attachment of any property are paid into court, or satisfaction of the decree is otherwise made through the court or is certified by the court; or
(b) the decree is set aside or reversed, the attachment...
- Order 22, rule 50 of Civil Procedure Rules : Determination of attachment
Where any property has been attached in execution of a decree, but by reason of the decree-holder’s default the court is unable to proceed further with the application for execution, it shall either dismiss the application or for any sufficient reason adjourn the proceedings to a future date and...
- Order 22, rule 51 of Civil Procedure Rules : Objection to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole of or part of any property attached in execution of a decree may at any time prior to payment out of the proceeds of sale of such property give notice in writing to the court and to all the parties and to...
- Order 22, rule 52 of Civil Procedure Rules : Stay of execution
Upon receipt of a valid notice and application as provided under rule 51, the court may order a stay of the execution for not more than fourteen days and shall call upon the attaching creditor by notice in writing to intimate to the court and to all the parties in writing within seven days whether...
- Order 22, rule 53 of Civil Procedure Rules : Raising of attachment
Should the attaching creditor in pursuance of a notice issued under rule 52 either fail to reply to the court and the objector within the period prescribed by the notice or intimate in writing to the court and the objector within the period prescribed by such notice that he does not propose to...
- Order 22, rule 54 of Civil Procedure Rules : Notice of intention to proceed
If the attaching creditor proposes to proceed with the attachment pursuant to rule 52, the intimation shall be accompanied by a replying affidavit and the court shall proceed to hear the application expeditiously.
- Order 22, rule 55 of Civil Procedure Rules : Power to order property attached to be sold and proceeds to be paid to person entitled
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 that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to...
- Order 22, rule 56 of Civil Procedure Rules : Sale, by whom conducted and how made
(1) Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the court may appoint in this behalf, and shall be made by public auction in the manner prescribed.
(2) Any court executing a decree may make orders...
- 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...
- Order 22, rule 58 of Civil Procedure Rules : 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 least thirty days in the case of immovable property, and of at least fifteen days in the case of...
- Order 22, rule 59 of Civil Procedure Rules : Adjournment or stoppage of sale
(1) The court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:
Provided that where the sale is made in, or within the precincts of the court,...
- Order 22, rule 60 of Civil Procedure Rules : Defaulting purchaser answerable for loss on re-sale
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 holding the sale, and shall, at the instance of either the decree holder or the judgment-debtor, be...
- Order 22, rule 61 of Civil Procedure Rules : Decree-holder not to bid for or buy property without permission
(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 permission, the purchase money and the amount due on the decree may, subject to section 50 of the...
- Order 22, rule 62 of Civil Procedure Rules : 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.
- Order 22, rule 63 of Civil Procedure Rules : Negotiable instruments and shares in corporations
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 share through a broker.
- Order 22, rule 64 of Civil Procedure Rules : 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 of payment the property shall forthwith be re-sold.
(2) On payment of the purchase money, the...
- Order 22, rule 65 of Civil Procedure Rules : Irregularity not to vitiate sale, but any person injured may sue
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 institute a suit against him for compensation, or (if such person is the purchaser) for the...
- Order 22, rule 66 of Civil Procedure Rules : Delivery of movable property, debts and shares
(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.
(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...
- Order 22, rule 67 of Civil Procedure Rules : 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 such property shall vest accordingly.
- Order 22, rule 68 of Civil Procedure Rules : Sale of immovable property
Sale of immovable property in execution of decrees may be ordered by any court.
- Order 22, rule 69 of Civil Procedure Rules : 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 centum on the amount of his purchase- money to the officer or other person conducting the sale, and, in default of such deposit, the property...
- Order 22, rule 70 of Civil Procedure Rules : Payment of purchase-money
(1) Except as provided by rule 61, the full amount of the purchase-money shall be paid upon the delivery to the purchaser of an executed conveyance or transfer of the property.
(2) The purchase money shall be paid into court unless the court otherwise orders.
- Order 22, rule 71 of Civil Procedure Rules : Procedure in default of payment
In default of payment within the period under rule 70, the deposit may, if the court thinks fit, after defraying the expenses of the sale, be forfeited and shall if forfeited be allocated towards satisfaction of the decree, and the property shall be re-sold, and the defaulting purchaser shall...
- Order 22, rule 72 of Civil Procedure Rules : Notification on re-sale
Every re-sale of immovable property, in default of payment of the purchase-money within the period allowed for such payment, shall be made after the issue of a fresh public notification in the manner and for the period hereinbefore prescribed for the sale.
- Order 22, rule 73 of Civil Procedure Rules : Bid of co-sharer to have preference
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 be deemed to be the bid of the co-sharer.
- Order 22, rule 74 of Civil Procedure Rules : Application to set aside sale on deposit
(1) Where immovable property has been sold in execution of a decree, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale, may apply to have the sale set aside on his depositing in court—
(a) for payment to the purchaser, a sum...
- Order 22, rule 75 of Civil Procedure Rules : Application to set aside sale on ground of irregularity or fraud
Where any immovable property has been sold in execution of a decree, the decreeholder, or any person whose interests are affected by the sale, may apply to the court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it:
Provided that no sale shall...
- Order 22, rule 76 of Civil Procedure Rules : Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
The purchaser at any such sale in execution of a decree may apply to the court to set aside the sale on the ground that the judgment-debtor had no saleable interest in the property sold.
- Order 22, rule 77 of Civil Procedure Rules : Sale, when to become absolute or be set aside
(1) Where no application is made under rule 74, rule 75 or rule 76, or where such application is made and disallowed, the court shall make an order confirming the sale, and thereupon the sale shall become absolute in so far as the interest of the judgment-debtor in the property sold is concerned....
- Order 22, rule 78 of Civil Procedure Rules : Return of purchase-money in certain cases
Where a sale of immovable property is set aside under rule 75, the purchaser shall be entitled to an order for payment of his purchase-money, with or without interest as the court may direct, against any person to whom it has been paid.