Order 21 Rule 66 CPC | Civil Law for Judiciary Exams PDF Download

Proclamation of Sales by Public Auction

• When a court orders the sale of property through public auction as part of decree execution, it must announce the impending sale in the language of the court.
• The announcement should be prepared after informing both the decree holder and the judgment debtor. It should clearly state:
  • The date and location of the sale.
  • The detailed description of the property to be sold, or a specific part if that would satisfy the decree.
  • The revenue assigned to the estate, especially if it pays revenue to the government.
  • Any existing encumbrances on the property.
  • The amount for which the sale is being conducted.
  • Any other pertinent information necessary for a potential buyer to assess the nature and value of the property.
• In case the court has notified the judgment debtor about the proclamation terms as per Rule 54, additional notice may not be required unless specified by the court.
• The proclamation does not mandate the court to provide its own valuation of the property, but it should include any estimates provided by the involved parties.
• Any application for a sale order under this rule must be accompanied by a statement containing all the required details specified in sub-rule (2), verified as per the prescribed method.
• The court is empowered to summon individuals and request information or documentation necessary to specify the details for the proclamation.

Application for Sale Order

• Every application seeking an order for the sale of property under this rule must be accompanied by a statement signed and verified in accordance with prescribed procedures.
• The statement should contain all necessary details specified in the proclamation, to the best of the applicant's knowledge.

Court Procedures for Proclamation

• The court has the authority to summon individuals and request the production of documents to ascertain and specify the details needed in the proclamation.

Notice Requirements

• Notice to Judgment Debtor: If the date for settling the terms of the proclamation has been communicated to the judgment debtor through an order under rule 54, separate notice under this rule may not be required unless directed by the court.
• Value Estimate: The court is not obligated to provide its own valuation of the property in the proclamation. However, any estimates provided by the involved parties should be included.

High Court Amendments

• Andhra Pradesh and Kerala: Laccadive, Minicoy, and Amindivi Islands
  • Adapted similar provisions to those of Madras.
  • Modified clause (e) to (t) and introduced a new clause (e) concerning property valuation.
• Calcutta, Gauhati, Nagaland, Meghalaya, Manipur, Tripura
  • Added a provision stating that the court is not obligated to provide its own property valuation but should include estimates provided by the involved parties.
• Delhi and Himachal Pradesh
  • Introduced a new sub-rule (3) related to movable property under custodian care, outlining the process for the custodian to produce the property at the sale location upon court directive.

Legal Rules

Madhya Pradesh

• Addition in clause (a), sub-rule (2): It now includes the D.Hs' estimate of the approximate market price.

Madras and Pondicherry

• Substitution in sub-rule (1): "made" is replaced with "drawn up".
• Substitute for sub-rule (2): The proclamation terms are determined in Court post notice to the DR. and J.D. It specifies various details essential for a purchaser to assess the nature and value of the property accurately.

Karnataka

• Amendment in Rule 66, sub-rule (2): Clause (e) is newly inserted, requiring the values of the property as stated by the decree-holder and the judgment-debtor. Additionally, the conjunction 'and' at the end of clause (d) is removed.

Orissa

• Deletion: Rule removed on 14th May 1984.

Amendments to Rules

• Omit the requirement of notifying the D.H. and 3D. authorities during the drafting of the sale proclamation.
• Add a new condition after point (c) in sub-rule (2) regarding property value estimates in sale proclamations.
• In Punjab, Haryana, and Chandigarh, include additional language in clause (e) of sub-rule (2) of Rule 66 related to property value estimates.
• Introduce a new sub-rule (3) under Rule 66 for the sale of movable property under custodianship, with specific instructions for the custodian.

Property Sale Procedures

• When selling movable property in custodianship, the Court must issue a notice to the custodian to produce the property at the sale location within a specified timeframe.
• The custodian faces consequences under Section 145 of the C.P. Code if they fail to comply with the Court's directions.