Sale of the Property

Contents of the proclamation:-

1. Time and place of sale

2. Property to be sold
3. Revenue, if any, assessed upon the property;
4. Encumbrance, if any, to which property is liable;
5. Amount to be recovered;
6. Details relating to property, such as title deed, length etc.

 Time of sale: Rule 68

No sale without the consent in writing of the judgment-debtor
can take place before fifteen days in case of immovable property
and before 7 days in case of movable property from the date of
proclamation in the courthouse. A sell can be conducted
immediately if the property is of perishable nature.

 Adjournment of sale: Rule 69

If the judgment-debtor after the issue of proclamation and before
sell has paid the amount or has partly promised to pay on the
given date before completion of public order, if there is any
justified reason, in those circumstances, court has discretionary
power to postpone the sell. If it has been postponed for a period
of 30 days, the fresh proclamation has to be issued and again the
process of Rule 67, 68 and 69 will follow.
Sell cannot be postponed where judgment-debtor dies before the
date of sell or after the issue of proclamation, or on the date of
the auction.

 Restriction to bid: Rule 72-73

A decree-holder cannot, without the express permission of the
court, purchase the property sold in execution of his own decree.
A mortgagee of immovable property cannot, without the leave
of the court, purchase the property sold in execution of the
decree on the mortgage.
Any officer or other person having any duty to perform in
connection with the execution sale cannot either directly or
indirectly, acquire or any attempt to acquire any interest in the
property sold in execution.
 sale of movable property: Rule 78-78 [xvi]
It relates to the sale of agricultural produce and growing crops.
Rule 76 covers negotiable instruments and shares. Sale of
movable property should be held by public auction. A sale of the
movable property will not be said aside on the ground of
irregularity in publishing or conducting the sale (Rule 78).