Rule 67 of CPC : Rule 67: Mode of making proclamation.

CPC

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Explanation using Example

Example 1:

Rajesh has a court decree against him to pay a debt of ₹5,00,000 to Suresh. Rajesh fails to pay the amount, so Suresh approaches the court to execute the decree. The court orders the sale of Rajesh's property to recover the debt.

  1. The court issues a proclamation for the sale of Rajesh's property.
  2. The proclamation is made and published in the manner prescribed by Rule 54, sub-rule (2), which includes affixing the proclamation on a conspicuous part of the property and at the court premises.
  3. Additionally, the court directs that the proclamation be published in the Official Gazette and a local newspaper to ensure wider publicity.
  4. The costs incurred for publishing the proclamation in the Official Gazette and the local newspaper are added to the costs of the sale.

Example 2:

Meena has a court decree to recover ₹10,00,000 from her tenant, Ravi, who has defaulted on rent payments. Ravi owns multiple plots of land, and the court orders the sale of these plots to recover the amount.

  1. The court decides to sell Ravi's property, which is divided into three separate plots.
  2. A single proclamation is made and published for the sale of all three plots, as the court believes that proper notice of the sale can be given through one proclamation.
  3. The proclamation is made and published in the manner prescribed by Rule 54, sub-rule (2), including affixing it on a conspicuous part of each plot and at the court premises.
  4. The court also directs that the proclamation be published in a local newspaper to ensure that potential buyers are aware of the sale.
  5. The costs of publishing the proclamation in the local newspaper are added to the costs of the sale.

Example 3:

Anita has a court decree to recover ₹2,00,000 from her business partner, Vikram, who has defaulted on a loan. Vikram owns a commercial property that the court orders to be sold to recover the amount.

  1. The court issues a proclamation for the sale of Vikram's commercial property.
  2. The proclamation is made and published in the manner prescribed by Rule 54, sub-rule (2), which includes affixing the proclamation on a conspicuous part of the property and at the court premises.
  3. The court does not find it necessary to publish the proclamation in the Official Gazette or a local newspaper, as the affixed notices are deemed sufficient to inform potential buyers.
  4. Since the property is not divided into lots, a single proclamation is sufficient for the sale.

Example 4:

Sunita has a court decree to recover ₹15,00,000 from her contractor, Ramesh, who has failed to complete a construction project. Ramesh owns a large piece of land that the court orders to be sold in smaller lots to recover the amount.

  1. The court decides to sell Ramesh's land, which is divided into five smaller lots.
  2. A single proclamation is made and published for the sale of all five lots, as the court believes that proper notice of the sale can be given through one proclamation.
  3. The proclamation is made and published in the manner prescribed by Rule 54, sub-rule (2), including affixing it on a conspicuous part of each lot and at the court premises.
  4. The court also directs that the proclamation be published in the Official Gazette and a local newspaper to ensure maximum publicity.
  5. The costs of publishing the proclamation in the Official Gazette and the local newspaper are added to the costs of the sale.
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