Rule 82 Order XXI of Code of Civil Procedure 1908 "What Courts may order sales"
Sales of immovable property in execution of decrees may be ordered and share by any Court other than a Court of Small Causes.
Rule 83 Order XXI of Code of Civil Procedure 1908 "Postponement of sale to enable judgment- debtor to raise amount of decree"
(1) Where an order for the sale of immovable property
has been made, if the judgment-debtor can satisfy the
Court that there is reason to believe that the amount of
the decree may be raised by the mortgage or lease or
private sale of such property, or some part thereof, or
of an other immovable property of the judgment-debtor,
the Court may, on his application, postpone the sale of
the property comprised in the order for sale on such
terms and for such period as it thinks proper, to enable
him to raise the amount.
(2) In such case the Court shall grant a certificate to
the judgment-debtor authorizing him within a period to
be mentioned therein, and notwithstanding anything
contained in section 64, to make the proposed mortgage,
lease or sale:
Provided that all moneys payable under such mortgage,
lease or sale shall be paid, not to the judgment-debtor,
but, save in so far as a decree-holder is entitled to
set-off such money under the provisions of rule 72, into
Court:
Provided also that not mortgage, lease or sale under
this rule shall become absolute until it has been
confirmed by the Court.
(3) Nothing in this rule shall be deemed to apply to a
sale of property directed to be sold in execution of a
decree for sate in enforcement of a mortgage of, or
charge on, such property.
Rule 84 Order XXI of Code of Civil Procedure 1908 "Deposit by purchaser and re-sale on default"
(1) On every sale of immovable property the to be the
purchaser shall pay immediately after such declaration a
deposit of twenty-five per cent on the amount of his
purchase-money to the officer or other person conducting the
sale, and in default of such deposit, the property shall
forthwith be re-sold.
(2) Where the decree-holder is the purchaser and is entitled
to set-off the purchase-money under rule 72, the Court may
dispense with the requirements of this rule.
Rule 85 Order XXI of Code of Civil Procedure 1908 "Time for payment in full of purchase money"
The full amount of purchase money payable shall be paid
by the purchaser into Court before the Court closes on the
fifteenth day from the sale of the property :
Provided that, in calculating the amount to be so paid into
Court, the purchaser shall have the advantage of any set-off
to which he may be entitled under rule 72.
Rule 86 Order XXI of Code of Civil Procedure 1908 "Procedure In default of payment"
In default of payment within the period mentioned in the last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.
Rule 87 Order XXI of Code of Civil Procedure 1908 "Notification on re-sale"
Every re-sale of immovable property, in default of payment of the purchase- a money within the period allowed for such payment, shall be made after the issue of fresh proclamation in the manner and for the period hereinbefore prescribed for the sale.
Rule 88 Order XXI of Code of Civil Procedure 1908 "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.
Rule 89 Order XXI of Code of Civil Procedure 1908 "Application to set aside sale on depositor"
(1) Where immovable property has been sold in execution
of a decree any person claiming an interest in the property
gold at the time of the sale or at the time of making the
application, or acting for or in the interest of such
person, may apply to have the sale set aside on his
depositing in Court,-
(a) for payment to the purchaser, a sum equal to five per
cent of the purchase-money, and
(b) for payment, to the decree-holder, the amount specified
in the proclamation of sale as that for the recovery of
which the sale was ordered less any amount which may, since
the date of such proclamation of sale, have been received by
the decree-holder.
(2) Where a person applies under rule 90 to set aside the
sale of his immovable property, he shall not, unless he
withdraws his application, be entitled to make or prosecute
an application under this rule.
(3) Nothing in this rule shall relieve the judgment-debtor
from any liability he may be under in respect of costs and
interest not covered by the proclamation of sale was drawn
up.