Order XXI Rule 66 CPC - Proclamation of Sales by Public Auction
Order 21 Rule 66 of the Code of Civil Procedure, 1908 (CPC) regulates how an executing court prepares the proclamation announcing a public auction of attached property. It safeguards notice to the parties and disclosure of information relevant to prospective purchasers.
What is a sale proclamation under Order XXI Rule 66?
A sale proclamation is the formal court-approved announcement of an intended auction in execution of a decree. A decree-holder is the person in whose favour a decree has been passed; a judgment-debtor is the person against whom it is passed. The executing court is the court enforcing the decree.
Order XXI Rule 66 - Legal provisions explained
Rule 66(1): Language of proclamation
When property is ordered to be sold by public auction in execution of a decree, the court must cause a proclamation of the intended sale to be made in the language of that court.
Rule 66(2): Notice and mandatory particulars
The proclamation is drawn up after notice to the decree-holder and judgment-debtor. It must state the time and place of sale and describe, as fairly and accurately as possible:
- The property to be sold, or only the part sufficient to satisfy the decree.
- The revenue assessed on an estate or part of an estate paying government revenue, where relevant.
- Any encumbrance affecting the property, such as a mortgage or other legally enforceable burden.
- The amount for recovery of which the sale is ordered.
- Other information the court considers material for a purchaser to assess the nature and value of the property.
First proviso: If the judgment-debtor was notified of the date for settling the proclamation through an order under Rule 54, a further notice under Rule 66 is unnecessary unless the court directs otherwise.
Second proviso: The court is not required to publish its own valuation. The proclamation must, however, include any valuation estimate furnished by either or both parties.
Rule 66(3): Verified application
An application for an order for sale must be accompanied by a signed and verified statement, in the manner prescribed for pleadings, covering the Rule 66(2) particulars to the extent known or ascertainable by the person verifying it.
Rule 66(4): Court inquiry
The court may summon and examine any person considered necessary and require production of documents relating to the matters that must appear in the proclamation.
Procedure before the auction
- Order for sale: Under Rule 64, the court considers whether the whole property or only a sufficient part should be sold.
- Notice and settlement: The court gives the required opportunity to the parties and settles accurate particulars under Rule 66.
- Publication: Rule 67 governs how the proclamation is made and published.
- Time before sale: Rule 68 generally prescribes minimum periods after affixture of the proclamation, subject to its exceptions and the judgment-debtor's written consent.
- Auction: The sale is conducted under the applicable execution rules, including Rule 65.
Valuation, notice and fairness
The executing court should not mechanically accept an inaccurate description or a one-sided valuation. Although Rule 66 does not require the court to certify its own market-value estimate, it requires inclusion of the parties' estimates, if supplied, and disclosure of other material facts necessary for informed bidding. The court must also consider whether a smaller part of the attached property would satisfy the decree.
Supreme Court interpretation
In Desh Bandhu Gupta v. N.L. Anand and Rajinder Singh (1993), the Supreme Court emphasised the importance of notice to the judgment-debtor, proper settlement and publication of the proclamation, and judicial attention to the extent of property proposed for sale. The consequences of non-compliance depend on the legal requirement breached, applicable exceptions, and the facts of the execution proceedings.
Judgment reference: Desh Bandhu Gupta - Supreme Court decision.
Can a defective auction proclamation be challenged?
A party may raise an objection before sale to incorrect property details, failure to provide required notice, improper valuation disclosures or sale of more property than necessary. After sale, challenges may arise under Order XXI Rule 90 for material irregularity or fraud in publishing or conducting a sale, subject to the rule's requirements including substantial injury and applicable procedural restrictions. Questions relating to execution may also engage Section 47 CPC. A defect does not automatically invalidate every sale; its nature and legal effect must be examined.
Official statutory source
Read the Code of Civil Procedure, 1908 on India Code (official PDF), especially Order XXI Rules 54 and 64 to 69. State amendments, High Court rules and case-specific orders should also be checked where applicable.
Frequently asked questions
Is notice to the judgment-debtor compulsory?
Notice is ordinarily required before settling the proclamation, but the first proviso to Rule 66(2) avoids a duplicate notice when the requisite notice has already been given under Rule 54, unless the court directs otherwise.
Must the court determine the property's market value?
No. The second proviso does not require the court's own estimate; it requires inclusion of valuation estimates, if any, supplied by either or both parties.
Can only part of the attached property be auctioned?
Yes. Rules 64 and 66 contemplate sale of a sufficient portion rather than unnecessarily selling the entire property.
Updated: 15 October 2026. This article explains the central CPC provisions for general information; local amendments and procedural rules may affect an individual proceeding.