Rule 83 of CPC : Rule 83: Postponement of sale to enable judgment-debtor to raise amount of decree.

Explanation using Example

Example 1:

Rajesh, a businessman in Mumbai, has a decree against him for failing to repay a loan of ₹10 lakhs. The court has ordered the sale of his immovable property, a commercial shop in Andheri, to recover the amount. Rajesh approaches the court and informs them that he can raise the ₹10 lakhs by leasing out another property he owns in Bandra. He requests the court to postpone the sale of the Andheri shop to give him time to arrange the lease.

The court, after being satisfied with Rajesh's proposal, grants him a certificate authorizing him to lease the Bandra property within a specified period. The court also stipulates that the lease money should be paid directly into the court and not to Rajesh. The court postpones the sale of the Andheri shop for three months to allow Rajesh to complete the lease arrangement.

Example 2:

Sita, a resident of Delhi, has a decree against her for ₹5 lakhs due to a failed business partnership. The court has ordered the sale of her residential flat in Lajpat Nagar to recover the amount. Sita informs the court that she can raise the ₹5 lakhs by selling a piece of agricultural land she owns in Haryana. She requests the court to postpone the sale of her Lajpat Nagar flat to give her time to sell the agricultural land.

The court, after reviewing Sita's application, grants her a certificate authorizing her to sell the agricultural land within a specified period. The court also mandates that the sale proceeds should be deposited directly into the court. The court postpones the sale of the Lajpat Nagar flat for four months to allow Sita to complete the sale of the agricultural land.

Example 3:

Vikram, a software engineer in Bangalore, has a decree against him for ₹15 lakhs due to a breach of contract. The court has ordered the sale of his immovable property, a villa in Whitefield, to recover the amount. Vikram approaches the court and explains that he can raise the ₹15 lakhs by mortgaging another property he owns in Koramangala. He requests the court to postpone the sale of the Whitefield villa to give him time to arrange the mortgage.

The court, after being convinced by Vikram's proposal, grants him a certificate authorizing him to mortgage the Koramangala property within a specified period. The court also specifies that the mortgage money should be paid directly into the court. The court postpones the sale of the Whitefield villa for two months to allow Vikram to complete the mortgage arrangement.