Roop's Law Assist
Waitlist

Section 1

Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) .

Back to ActAct Subordinates
1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) . No. 25 ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A THIRD PARTY (O.21, r. 56.) (Title) T o WHEREAS the following property.....................................has been attached in execution of a decree in Suit No……………….of 20………, passed on the……………day of 20......... , in favour of………..for Rs........................………………….It is ordered that the property so attached, consisting of Rs…………….in money and Rs......…………..in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said…………..to…………. GIVEN under my hand and the seal of the Court, this……………………day of………20.......... Judge. No. 26 NOTICE TO ATTACHING CREDITOR (O. 21, r. 58.) (Title) T o WHEREAS…………………………...has made application to this Court for the removal of attachment on………….placed at your instance in execution of the decree in Suit No………………of……… 20......... this is to give you notice to appear before this Court on………….., the………….day of……..20………..., either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor. GIVEN under my hand and the seal of the Court, this………..day of……….20........... Judge. No. 27 WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O. 21, r. 66.) (Title) T o The Bailiff of the Court. THESE are to command you to sell by auction, after giving…………day's previous notice, by affixing the same in this Court-house, and after making due proclamation, the…………..property attached under a warrant from this Court, dated the…………day of 20................ , in execution of a decree in favour of……………in Suit No………….of 20............, or so much of the said property as shall realize the sum of Rs…………………..., being the………………of the said decree and costs still remaining unsatisfied. You are further commanded to return this warrant on or before the………….day of…………. …….20 with an endorsement certifying the manner in which it has been executed, or the reason why it has not been executed. GIVEN under my hand and the seal of the Court, this………..day of………20........... Judge. No. 28 NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION (O. 21, r. 66.) (Title) T o ................................................... ................................................... ... 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……… Judge. No. 29 PROCLAMATION OF SALE (O. 21, r. 66) (Title) (1) Suit No………………….of 20……….., decided by the………..of………in which was plaintiff and was defendant.—Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil 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 margin, amounting with costs and interest up-to date of sale to the sum of…………………………. 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 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. 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. 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. 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.