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(2) Where the crop from its nature does not admit of being stored or can be sold to
greater advantage in an unripe state, it may be sold before it is cut and gathered or
in such unripe state, and the purchaser shall be entitled to enter on the land and do
all that is necessary for the purpose of tending and cutting or gathering the said
crop.
Time of sale
Save in the case of property of the kind described in the proviso to rule 43, no sale
hereunder shall, without the consent in writing of the judgment-debtor, take place
until after the expiration of at least 1[fifteen days] in the case of immovable
property, and of at least 2[seven days] in the case of movable property, calculated
from the date on which the copy of the proclamation has been affixed on the courthouse of the Judge ordering the sale.
(1) When no application is made under rule 89, rule 90 or rule 91, or where such
application is made and disallowed, the Court shall make an order confirming the
sale, and thereupon the sale shall become absolute:
1
[Provided that, where any property is sold in execution of a decree pending the
final disposal of any claim to, or any objection to the attachment of, such property,
the Court shall not confirm such sale until the final disposal of such claim or
objection.]
(2) Where such application is made and allowed, and where, in the case of an
application under rule 89, the deposit required by that rule is made within 2[sixty
days] from the date of sale, 3[or in cases where the amount deposited under rule 89
is found to be deficient owing to any clerical or arithmetical mistake on the part of
the depositor and such deficiency has been made good within such time as may be
fixed by the Court, the Court shall make an order setting aside the sale]:
Provided that no order shall be made unless notice of the application has been
given to all persons affected thereby.
4
[Provided further that the deposit under this sub-rule may be made within sixty
days in all such cases where the period of thirty days, within which the deposit had
to be made, has not expired before the commencement of the Code of Civil
Procedure (Amendment) Act, 2002.
(3) No suit to set aside an order made under this rule shall be brought by any
person against whom such order is made.
5
[(4) Where a third party challenges the judgment-debtors title by filing a suit
(5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the
decree-holder to refund the money to the auction-purchaser, and where such an
order is passed the execution proceeding in which the sale had been held shall,
unless the Court directs, be revived at the stage at which the sale was ordered.]
Acknowledgement
I would like to express profound gratitude to my teacher
Ms.Karan Jawanda for her invaluable support ,
encouragement, supervision and useful suggestion
throughout this project work.
Her moral support and continous teaching enabled me to
complete my work successful.
Last but not the least . I am thankful and indebted to all
those who0 helped me directly and indirectly in
completion of this project .
Bibliography
Books Refferred:
Electronic Sources:
1. http://www.vakilno1.com/bareacts/civil-procedure/civilprocedure-code-1908-2.html
2. http://www.legalservicesindia.com/article/article/sale-of-
immovable-property-1591-1.html
Project Report
on
Sale of
Property
Presented to:
Presented By:
Nishant Sharma
sem-8th 199/11
UILS
Table of contents
Sale of movable property.
Sale of agriculture produce .
Special provisions relating to growing crops..
Negotiable instrument and shares of corporations..
Irregularity not to vitiate sale, but any person injured may sue.
Delivery of movable property, debts and shares.
Transfer of negotiable instruments and shares..
Vesting order in case of other
property
Sales by whom conducted and how made
Time of sale ..
Adjournment and stoppage of sale..
Application to set aside on ground of irregularity and fraud..