Rule 74 Order XXI of Code of Civil Procedure 1908 "Sale of agricultural produce"
(1) Where the property to be sold is agricultural
produce, the, sale shall be held,-
(a) if such produce is a growing crop, on or near the land
on which such crop has grown, or
(b) if such produce has been cut or gathered, at or near the
threshing floor or place for treading out grain or the like
or fodder-stack on or in which it is deposited
Provided that the Court may direct the sale to be held at
the nearest place of public resort, if it is of opinion that
the produce is thereby likely to sell to greater advantage.
(2) Where, on the produce being put up or sale,-
(a) a fair price, in the estimation of the person holding
the sale, is not offered for it, and
(b) the owner of the produce or a person authorized to act
in his behalf applies to have the sale postponed till next
day or, if a market is held at the place of sale, the next
market-day,
the sale shall be postponed accordingly and shall be then
completed, whatever price may be offered for the produce.
Rule 75 Order XXI of Code of Civil Procedure 1908 "Special provisions relating to growing crops"
(1) Where the property to be sold is a growing crop
and the crop from its nature admits of being stored but
has not yet been stored, the day of the sale shall be so
fixed as to admit of its being made ready for storing
before the arrival of such day, and the sale shall not
be held until the crop has been cut or gathered and is
ready for storing.
(2) Where the crop from its nature does not admit of
being stored, it may be sold before it is cut and
gathered and the purchaser shall be entitled to enter on
the land, and to do all that is necessary for the
purpose of tending and cutting or gathering it.
Rule 76 Order XXI of Code of Civil Procedure 1908 "Negotiable instruments and shares in corporate"
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 made by public auction, authorize the sale of such instrument or share through a broker.
Rule 77 Order XXI of Code of Civil Procedure 1908 "Sale 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 officer or other
person holding the sale shall grant a receipt for the same,
and the sale shall become absolute.
(3) Where the movable property to be sold is a share in
goods belonging to the judgment-debtor and a co-owner, and
two or more persons, of whom one is such co-owner,
respectively bid the same sum for such property or for any
lot, the bidding shall be deemed to be the bidding of the
co-owner.
Rule 78 Order XXI of Code of Civil Procedure 1908 "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 other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery.
Rule 80 Order XXI of Code of Civil Procedure 1908 "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 giving
notice to the person in possession prohibiting him from
delivering possession of the property to any person except
the purchaser.
(3) Where the property sold is a debt not by a negotiable
instrument, or is a share in a corporation, ,the delivery
thereof shall be made by a written order of the Court
prohibiting the creditor from receiving the debt or any
interest thereon, and the debtor from making payment thereof
to any person except the purchaser, of prohibiting the
person in whose name the share may be standing from making
any transfer of the share to any person except the
purchaser, or receiving payment of any dividend or interest
thereon, and the manager, secrets or other proper officer of
the corporation from permitting any such transfer or making
any such payment to any person except the purchaser.
Rule 80 Order XXI of Code of Civil Procedure 1908 "Transfer of negotiable instruments and shares"
(1) Where the execution of a document or the endorsement
of the party in whose name a negotiable instrument or a
share in a corporation is standing is required to transfer
such negotiable instrument or share, the Judge or such
officer as he, may appoint in this behalf may execute such
document or make such endorsement as may be necessary, and
such execution or endorsement shall have the same effect as
an execution or endorsement by the party.
(2) Such execution or endorsement may be in the following
form, namely :-
A.B. by C. D. Judge of the Court of (or as the case may be),
in a suit by E. F. against A. B.
(3) Until the transfer of such negotiable instrument or
share, the Court may, by order, appoint some person to
receive any interest or dividend due thereon and to sign a
receipt for the same; and any receipt so signed shall be as
valid and effectual for all purposes as if the same had been
signed by the party himself.
Rule 81 Order XXI of Code of Civil Procedure 1908 "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.