Sat. Sep 19th, 2020

69. Adjournment or stoppage of sale

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69. Adjournment or stoppage of sale.

(1) The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:

Provided that, where the sale is made in, or within the precincts of, the court-house, no such adjournment shall be made without the leave of the Court.

(2) Where a sale is adjourned under sub-rule (1) or a longer period than 1[thirty] days a fresh proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it.

(3) Every sale be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale.

HIGH COURT AMENDMENTS

Allahabad.-In Order XXI, in rule 69, for sub-rule (2), substitute the following sub-rule, namely:-

“(2) Where a sale has been once adjourned under sub-rule (1), a fresh proclamation under rule 67 shall be made, under the judgment-debtor consents to wave it:

Provided that where the adjournment is for a period not longer than [thirty] days from the date originally fixed for sale, no fresh proclamation shall be necessary:

Provided also that the Court may dispense with the consent of any judgment-debtor who has failed to attend in answer to a notice issued under rule 66.”

Andhra Pradesh.-In Order XXI, in rule 67, in sub-rule (2), for the words “a fresh proclamation under rule 67 shall be made”, substitute the words “there shall be a fresh publication of the proclamation in the manner prescribed by rule 67″.

Bombay.-In Order XXI, in rule 67, in sub-rule (1), after the words “adjourn the sale”, insert the words “to specified day and hour”.

Karnataka.-Same as in Andhra Pradesh only adding the words “of sale” after “proclamation”, (w.e.f. 30-3-1967)

Kerala.-In Order XXI, in rule 67, in sub-rule (2), insert the following proviso, namely:-

“Provided that no such fresh proclamation shall be necessary in cases where the sale has been adjourned on account of the absence of Presiding Judge or on account of the day fixed for sale being declared a holiday.” (w.e.f. 10-3-1964)

Madras.-In Order XXI, in rule 67, for sub-rule (2), substitute the following sub-rule, namely:-

“(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, there shall be fresh publication of the proclamation in the manner prescribed by rule 67, unless the judgment-debtor consents to waive it, or the Court otherwise orders.” (w.e.f. 5-9-1968)

Orissa.-Same as in Patna.

Patna.-In Order XXI, in rule 67, in sub-rule (2), insert the following proviso, namely:-

“Provided that the Court may dispense with the consent of any judgment-debtor who has not appeared in the proceedings.”

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