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Proclamation Of Sale (o.21, R.66 Legal Draft Template

Category Agreements Civil Procedure Code
Format )
File name Proclamation of Sale (O.21, R.66.)

This is a sample legal draft for reference. Review and adapt it for your facts, and consult a qualified advocate before filing or execution.

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<h2>Notice </h2>is hereby given that, under rule 64 of Order XXI of the Code of Civil

Procedure, 1908, an order has been passed by this Court for the sale of the

attached property mentioned in the annexed schedule, in satisfaction of the

claim of the decree-holder in the suit (1) mentioned in the margin, amounting

with costs and interest up to date of sale to the sum of1.

Suit

No. of 19, decided by the of in which was plaintiff and was defendant.The

sale will be by public auction, and the property will be put up for sale in the

lots specified in the schedule. The sale will be of the property of the

judgment-debtors above-named as mentioned in the schedule below; and the

liabilities and claims attaching to the said property, so far as they have been

ascertained, are those specified in the schedule against each lot.In

the absence of any order of postponement, the sale will be held by at the

monthly sale commencing at o'clock on the at. In the event, however, of the

debt above specified and of the costs of the sale being tendered or paid before

the knocking down of any lot, the sale will be stopped.At

the sale the public generally are invited to bid, either personally or by duly

authorized agent. No bid by, or on behalf of, the judgment creditors

above-mentioned however, will be accepted, nor will any sale to them be valid

without the express permission of the Court previously given. The following are

the furtherConditions

of Sale1. The particulars

specified in the schedule below have been stated to the best of the information

of the Court, but the Court will not be answerable for any error, mix-statement

or omission in this proclamation.2. The amount by which

the biddings are to be increased shall be determined by the officer conducting

the sale. In the event of any dispute arising as to the amount bid, or as to

the bidder, the lot shall at once be again put up to auction.3. The highest bidder

shall be declared to be the purchaser of any lot, provided always that he is

legally qualified to bid, and provided that it shall be in the discretion of

the Court or officer holding the sale to decline acceptance of the highest bid

when the price offered appears so clearly inadequate as to make it advisable to

do so.4. For reasons recorded,

it shall be in the discretion of the officer conducting the sale to adjourn it

subject always to the provisions of rule 69 of Order XXI.5. In the case of

movable property, the price of each lot shall be paid at the time of sale or as

soon after as the officer holding the sale directs, and in default of payment

the property shall forthwith be again put up and re-sold.6. In the case of

immovable property, the person declared to be the purchaser shall pay

immediately after such declaration a deposit of 25 per cent. on the amount of

his purchase-money to the officer conducting the sale, and in default of such

deposit the property shall forthwith be put up again and re-sold.7. The full amount of

the purchase-money shall be paid by the purchaser before the Court closes on

the fifteenth day after the sale of the property, exclusive of such day, or if

the fifteenth day be a Sunday or other holiday, then on the first office day

after the fifteenth day.8. In default of payment

of the balance of purchase-money within the period allowed, the property shall

be re-sold after the issue of a fresh notification of sale. The deposit after

defraying the expenses of the sale, may, if the Court thinks fit, be forfeited

to Government and the defaulting purchaser shall forfeit all claim to the

property or to any part of the sum for which it may be subsequently sold.GIVEN

under my hand and the seal of the Court, this day of 19Schedule

of Property

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