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.
- The court issues a proclamation for the sale of Rajesh's property.
- 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.
- Additionally, the court directs that the proclamation be published in the Official Gazette and a local newspaper to ensure wider publicity.
- 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.
- The court decides to sell Ravi's property, which is divided into three separate plots.
- 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.
- 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.
- The court also directs that the proclamation be published in a local newspaper to ensure that potential buyers are aware of the sale.
- 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.
- The court issues a proclamation for the sale of Vikram's commercial property.
- 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.
- 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.
- 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.
- The court decides to sell Ramesh's land, which is divided into five smaller lots.
- 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.
- 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.
- The court also directs that the proclamation be published in the Official Gazette and a local newspaper to ensure maximum publicity.
- The costs of publishing the proclamation in the Official Gazette and the local newspaper are added to the costs of the sale.