Rule 58 Order XXI of Code of Civil Procedure 1908 "Adjudication of claims to, or objections to attachment of, property"
(1) Where any claim is preferred to, or any objection is
made to the attachment of, any property attached in
execution of a decree on the ground that such property is
not liable to such attachment, the Court shall proceed to
adjudicate upon the claim or objection in accordance with
the provisions herein contained :
Provided that no such claim or objection shall be
entertained-
(a) where, before the claim is preferred or objection is
made, the property attached has already been sold; or
(b) where the Court considers that the claim or objection
was designedly or unnecessarily delayed.
(2) All questions (including questions relating to right,
title or interest in the property attached) arising between
the parties to a proceeding or their representatives under
this rule and relevant to the adjudication of the claim or
objection, shall be determined by the Court dealing with the
claim or objection and not by a separate suit.
(3) Upon the determination of the questions referred to in
sub-rule (2), the Court shall, in accordance with such
determination,-
(a) allow the claim or objection and release the property
from attachment either wholly or to such extent as it thinks
fit; or
(b) disallow the claim or objection; or
(c) continue the attachment subject to any mortgage, charge
or other interest in favour of any person; or
(d) pass such order as in the circumstances of the case it
decrees fit.
(4) Where any claim or objection has been adjudicated upon
under this rule, the order made thereon shall have the same
force and be subject to the same conditions as to appeal or
otherwise as if it were a decree.
(5) Where a claim or an objection is preferred and the
Court, under the proviso to sub-rule (1), refuses to
entertain it, the party against whom such order is made may
institute a suit to establish the right which lie claims to
the property in dispute; but, subject to the result of such
suit, if any, an order so refusing to entertain the claim or
objection shall be conclusive.
Rule 59 Order XXI of Code of Civil Procedure 1908 "Stay of sale"
Where before the claim was preferred or the objection
was made, the property attached had already been
advertised for sale, the Court may-
(a) if the property is movable, make an order postponing
the said pending the adjudication of lie claim or
objection, or
(b) if the property is immovable, make an order that,
pending the adjudication of the claim or objection, the
property shall not be-sold, or, that pending such
adjudication, the property may be sold but she sale
shall not be confirmed,
and any such order may be made subject to such terms and
conditions as to security or otherwise as the Court
thinks fit .
Rule 64 Order XXI of Code of Civil Procedure 1908 "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 see necessary to satisfy the decree, shall he sold, and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.
Rule 65 Order XXI of Code of Civil Procedure 1908 "Sales by whom conducted and how made"
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 manner prescribed.
Rule 66 Order XXI of Code of Civil Procedure 1908 "Proclamation of sales by public auction"
(1) Where any property is ordered to be sold by public
auction in execution of a decree, the Court shall cause a
proclamation of the intended sale to be made in the language
of such Court.
(2) Such proclamation 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 or, where a part of the property
would be sufficient to satisfy the decree, such part;
(b) the revenue assessed upon the estate, where the property
to be sold is an interest in an estate or in part of an
estate paying revenue to the Government;
(c) any encumbrance to which the property is liable;
(d) the amount for the recovery of which the sale is
ordered; and
(e) every other thing which the Court considers material for
a purchaser to know in order to judge of the nature and
value of the property:
Provided that where notice of the date for settling the
terms of the proclamation has been given to the
judgment-debtor by means of an order under rule 54, it shall
not be necessary to give notice under this rule to the
judgment-debtor unless the Court otherwise directs:
Provided further that nothing in this rule shall be
construed as requiring the Court to enter in the
proclamation of sale its own estimate of the value of the
property, but the proclamation shall include the estimate,
if any, given, by either or both of the parties.
(3) Every application for an order for sale under this rule
shall be accompanied by a statement signed and verified in
the manner hereinafter prescribed for the signing and
verification of pleadings and containing, so far as they are
known to or can be ascertained by the person making the
verification, the matters required by sub-rule (2) to be
specified in the proclamation.
(4) For the purpose of ascertaining the matters to be
specified in the proclamation. the Court may summon any
person whom it thinks necessary to summon and may examine
him in respect to any such matters and require to produce
any document in his possession or power relating thereto.