Rule 69 of CPC : Rule 69: Adjournment or stoppage of sale.

Explanation using Example

Example 1:

Scenario: Ajay owes Rs. 5 lakhs to Vijay and has not repaid the amount despite a court decree. Vijay initiates the process to sell Ajay's property to recover the debt.

Application of Rule 69:

1. Adjournment by Court: The court schedules the sale of Ajay's property for the 15th of March. However, on the 14th of March, Ajay's lawyer requests an adjournment due to a family emergency. The court, using its discretion, adjourns the sale to the 30th of March.
2. Adjournment by Officer: On the 30th of March, the officer conducting the sale finds that the weather is extremely bad, making it difficult for bidders to attend. The officer records the reason and adjourns the sale to the 5th of April.
3. Proclamation Requirement: Since the adjournment is for more than 30 days, a fresh proclamation of the sale is required unless Ajay consents to waive this requirement.
4. Stopping the Sale: On the 5th of April, just before the property is about to be sold, Ajay manages to arrange the Rs. 5 lakhs along with the costs of the sale and tenders the amount to the officer. The officer verifies the payment and stops the sale immediately.

Example 2:

Scenario: Priya has a court decree against her for Rs. 2 lakhs owed to Sunil. Sunil initiates the sale of Priya's car to recover the debt.

Application of Rule 69:

1. Adjournment by Court: The sale is scheduled for the 10th of June. Priya's lawyer files a petition on the 9th of June, stating that Priya is negotiating a loan to pay off the debt. The court, considering the petition, adjourns the sale to the 25th of June.
2. Adjournment by Officer: On the 25th of June, the officer conducting the sale notices that there is a significant traffic disruption in the area, preventing potential buyers from reaching the sale location. The officer records this reason and adjourns the sale to the 1st of July.
3. Proclamation Requirement: Since the adjournment is less than 30 days, no fresh proclamation is required.
4. Stopping the Sale: On the 1st of July, just before the car is sold, Priya's friend pays the Rs. 2 lakhs and the costs of the sale directly into the court. The officer receives proof of this payment and stops the sale immediately.