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67. Mode of making proclamation

67. Mode of making proclamation

(1) Every proclamation shall be made and published, as nearly as may be, in the manner prescribed by rule 54, sub-rule (2).

(2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.

(3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Court, otherwise be given.

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Karnataka-In Order XXI, in rule 67, after sub-rule (3), insert the following sub-rule, namely:-

“(4) Unless the Court so directs it shall not be necessary to send a copy of the proclamation to the judgment-debtor.”

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

Madras.-In Order XXI, in rule 67,-

(a) (i) for the Marginal heading, substitute the following marginal heading, namely:-

“Mode of publishing the proclamation of sale”;

(iii) in sub-rule (3), for the words “to make a separate proclamation for each lot”, substitute the words “to publish the proclamation of same separately for each lot”.

(b) after sub-rule (3), insert the following sub-rule, namely:-

“(4) Unless the Court directs it shall not be necessary to send a copy of the proclamation to the judgment-debtor.”

Orissa.-Same as in Patna.

Patna.-In Order XXI, in rule 67, in sub-rule (1), at the end, omit the full stop and add the following words, namely:-

“and may, if the Court so directs, on the application of the decree-holder, be proclaimed and published simultaneously with the order of attachment.”

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Mridul Rajvanshy

Mridul Rajvanshy

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