Code of Civil Procedure, 1908 | Execution of decrees

Section 67 CPC: State Government Rules for Sale of Land in Execution of Money Decrees

Section 67 of the Code of Civil Procedure, 1908 empowers State Governments to regulate certain execution sales of land interests whose value cannot be reliably determined. It also addresses pre-existing special rules and requires rules made under the section to be placed before the State Legislature.

Meaning and purpose of Section 67 CPC

A decree for payment of money may be enforced through attachment and sale of property, subject to the CPC and applicable rules. Some interests in land are uncertain or undetermined, making their value difficult or impossible to fix. Section 67 authorises the State Government to impose conditions on the sale of such classes of interests in specified local areas by notification in the Official Gazette.

The provision is a rule-making power. It does not itself prescribe a uniform auction procedure for every parcel of land, nor does it mean that all land sales require a separate notification under Section 67.

Section 67 CPC: Explanation of each sub-section

Section 67(1): Power to make rules

The State Government may publish rules in the Official Gazette for a local area, imposing conditions on the sale of a class of interests in land during execution of decrees for payment of money, where those interests are so uncertain or undetermined that, in the Government's opinion, their value cannot be fixed.

Section 67(2): Continuation or modification of earlier rules

Special rules concerning the sale of land in execution of decrees that were in force when the CPC came into operation in a local area may be declared to continue or may be modified through an Official Gazette notification. The notification must set out the rules continued or modified.

Section 67(3): Legislative oversight

Every rule made under Section 67 must be laid before the State Legislature as soon as may be after it is made.

For the complete statutory language, consult the official Code of Civil Procedure, 1908 (India Code PDF).

When does Section 67 apply?

The relevant conditions are that the proceeding concerns execution of a decree for payment of money; the proposed sale concerns an interest in land; the interest belongs to a class regarded by the State Government as uncertain or undetermined in value; and an applicable rule has been made for the relevant local area. Whether any particular sale is affected depends on the actual Gazette notification and other governing law.

Section 60: identifies property liable to attachment and sale in execution, subject to statutory exemptions. Section 64: addresses private transfers of attached property. Section 65: provides that, after an execution sale of immovable property becomes absolute, the purchaser's title is deemed to vest from the date of sale. Order XXI: contains procedural rules for execution, including attachment, proclamation and conduct of sales, applications to set aside sales and confirmation.

Section 67 must therefore be read alongside the execution provisions and any applicable State amendments, High Court rules, revenue laws and Gazette notifications.

Practical point: Before relying on a special condition governing a land auction, check the relevant State's Official Gazette and the current rules applicable to the land and executing court. Section 67 alone does not establish that a particular notification is in force.

Frequently asked questions

Does Section 67 apply to every court auction of land?

No. It authorises special rules concerning specified classes of uncertain or undetermined interests in land; general execution-sale procedures are governed by other provisions of the CPC and applicable rules.

Can the State Government modify older land-sale rules?

Yes. Section 67(2) permits qualifying pre-existing special rules to be continued or modified by notification in the Official Gazette.

Must rules under Section 67 be presented to the legislature?

Yes. Section 67(3) requires each rule made under the section to be laid before the State Legislature as soon as may be after it is made.

Official legal reference

India Code: Code of Civil Procedure, 1908 (Act 5 of 1908). This article explains the central provision; jurisdiction-specific rules and amendments should be checked separately.

Updated: 11 October 2026. General legal information, not advice on an individual proceeding.