Rule 10C of CPC : Rule 10C: Commission for the sale of movable property.

Explanation using Example

Example 1:

Scenario: A dispute over the ownership of a valuable painting.

Details:

• Two art collectors, Mr. Sharma and Mr. Verma, are in a legal dispute over the ownership of a valuable painting.
• The painting is currently in the custody of the court as evidence.
• The painting is delicate and requires special preservation conditions which the court cannot provide.

Application of Rule 10C:

• The court determines that it is necessary to sell the painting because it cannot be conveniently preserved.
• The court records its reasons for this decision, noting the painting's delicate nature and the high cost of preservation.
• The court issues a commission to an art auctioneer, Ms. Kapoor, directing her to conduct the sale of the painting.
• Ms. Kapoor conducts the sale and reports the results to the court.
• The sale is conducted in accordance with the procedure prescribed for the sale of movable property in execution of a decree.

Example 2:

Scenario: Sale of perishable goods in a business dispute.

Details:

• A business dispute arises between two partners, Mr. Gupta and Mr. Singh, over the ownership of a large consignment of fresh fruits.
• The fruits are in the custody of the court pending the resolution of the dispute.
• The fruits are perishable and cannot be preserved for long.

Application of Rule 10C:

• The court decides that it is necessary to sell the fruits to prevent them from spoiling.
• The court records its reasons, highlighting the perishable nature of the goods.
• The court issues a commission to a local fruit market manager, Mr. Khan, directing him to conduct the sale of the fruits.
• Mr. Khan conducts the sale and reports the proceeds to the court.
• The sale is carried out following the procedure for the sale of movable property in execution of a decree.