Rule 66 of CPC : Rule 66: Proclamation of sales by public auction.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh has a court decree against Suresh for a debt of ₹5,00,000. Suresh has not paid the amount, so the court orders the sale of Suresh's property by public auction to recover the debt.
Application of Rule 66:
- Proclamation of Sale: The court issues a proclamation in Hindi (the language of the court) announcing the sale.
- Notice to Parties: Both Ramesh (decree-holder) and Suresh (judgment-debtor) are notified about the sale.
- Details in Proclamation:
- Property Description: The proclamation specifies that Suresh's residential plot in Delhi, measuring 200 square yards, will be sold.
- Revenue Assessment: The proclamation mentions that the property has an annual revenue assessment of ₹10,000 payable to the government.
- Encumbrances: It states that the property is subject to a mortgage of ₹2,00,000.
- Amount Recoverable: The proclamation clearly mentions that the sale is to recover ₹5,00,000.
- Other Material Information: The proclamation includes information about the property's market value as estimated by Ramesh and Suresh.
Outcome: The auction is conducted as per the proclamation, and the property is sold to the highest bidder. The proceeds are used to satisfy Ramesh's decree.
Example 2:
Scenario: Meena has a court decree against Rajesh for ₹3,00,000. Rajesh owns agricultural land in Punjab, and the court orders its sale by public auction to recover the debt.
Application of Rule 66:
- Proclamation of Sale: The court issues a proclamation in Punjabi (the language of the court) announcing the sale.
- Notice to Parties: Both Meena (decree-holder) and Rajesh (judgment-debtor) are notified about the sale.
- Details in Proclamation:
- Property Description: The proclamation specifies that Rajesh's agricultural land in Ludhiana, measuring 5 acres, will be sold.
- Revenue Assessment: The proclamation mentions that the land has an annual revenue assessment of ₹15,000 payable to the government.
- Encumbrances: It states that the land is free from any encumbrances.
- Amount Recoverable: The proclamation clearly mentions that the sale is to recover ₹3,00,000.
- Other Material Information: The proclamation includes information about the land's fertility and irrigation facilities, which are important for potential buyers.
Outcome: The auction is conducted as per the proclamation, and the land is sold to the highest bidder. The proceeds are used to satisfy Meena's decree.