Rule 75 of CPC : Rule 75: Special provisions relating to growing crops.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh, a farmer in Punjab, has taken a loan from a local bank. Due to unforeseen circumstances, he is unable to repay the loan, and the bank obtains a court decree to recover the amount by selling Ramesh's property, which includes a field of wheat that is almost ready for harvest.
Application of Rule 75:
- Since wheat is a crop that can be stored after harvesting, the court fixes the sale date after ensuring that there is enough time for the wheat to be cut and stored.
- The sale is scheduled for a date after the wheat has been harvested and stored properly.
- The sale proceeds smoothly, and the harvested wheat is sold to recover the loan amount.
Example 2:
Scenario: Sita, a farmer in Maharashtra, has a sugarcane field. She has defaulted on a loan, and the creditor has obtained a court order to sell her property to recover the debt. The sugarcane is still growing and not yet ready for harvest.
Application of Rule 75:
- Since sugarcane is a crop that does not admit of being stored in its growing state, the court allows the sale ...
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