Civil Procedure Code | Execution of decrees

Order XXI Rule 67 CPC - Mode of Making Sale Proclamation

Order XXI Rule 67 of the Code of Civil Procedure, 1908 governs how a court-ordered auction sale proclamation is made and published. It incorporates the public-notice method under Rule 54(2), permits additional publication when directed by the court, and addresses sales divided into lots.

Order XXI Rule 67 CPC - Statutory provisions

(1) Every proclamation shall be made and published, as nearly as may be, in the manner prescribed by rule 54, sub-rule (2).

(2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.

(3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Court, otherwise be given.

Source: Code of Civil Procedure, 1908, official India Code text (PDF). Local High Court amendments and applicable procedural rules should also be checked.

Meaning and purpose of Rule 67

A sale proclamation is the formal public announcement of a proposed judicial auction in execution of a decree. Its purpose is to inform potential bidders and interested parties of the intended sale, encourage meaningful participation and support a transparent process. Rule 66 deals principally with the contents of the proclamation; Rule 67 concerns its publication.

How must the sale proclamation be published?

Rule 67(1) refers to Order XXI Rule 54(2). As nearly as practicable, the proclamation follows that rule's mode of public announcement: proclamation at or near the property by beat of drum or other customary mode, affixing a copy on a conspicuous part of the property and at the courthouse, and additional affixation at the Collector's office for revenue-paying land and at the relevant Gram Panchayat office for village land, where applicable.

The exact steps depend on the property and the applicable court rules. Evidence of affixation, publication and compliance should be preserved in the execution record.

Is newspaper or Official Gazette publication compulsory?

Rule 67(2) empowers the executing court to direct publication in the Official Gazette, a local newspaper, or both. It does not make newspaper publication an automatic requirement in every execution sale. When the court directs such publication, the expense is treated as a cost of the sale. Applicable High Court rules or a specific judicial direction may impose additional requirements.

Proclamation where property is sold in separate lots

Under Rule 67(3), a single proclamation may cover property divided into separately saleable lots. However, the court may require separate proclamations if a combined notice would not adequately inform prospective purchasers about the lots and their sale.

Order XXI Rule 54(2): prescribed mode of proclamation and affixation of an attachment order, adopted by Rule 67(1) as nearly as practicable.
Order XXI Rule 64: power to order sale of attached property or a sufficient portion to satisfy the decree.
Order XXI Rule 65: court officer or appointed person to conduct execution sales by public auction.
Order XXI Rule 66: settlement of sale proclamation, including the sale time, place, property details, encumbrances and recovery amount.
Order XXI Rule 68: minimum interval before sale, subject to the statutory exceptions and written consent provisions.
Order XXI Rule 90: application to set aside an immovable-property execution sale on the ground of material irregularity or fraud in publishing or conducting it, subject to the rule's requirements including substantial injury.

Practical compliance points

Ensure the proclamation's terms have been settled under Rule 66.
Check that the prescribed proclamation and affixation steps have been completed and recorded.
Comply with any order requiring newspaper or Gazette publication.
Where lots are involved, ensure the notice adequately identifies the properties offered for sale.
Check the applicable waiting period under Rule 68 before holding the auction.

Frequently asked questions

What is Order 21 Rule 67 CPC?

It prescribes the mode of making and publishing a proclamation of sale in execution proceedings under the Code of Civil Procedure, 1908.

Can a court direct newspaper publication of an auction notice?

Yes. Rule 67(2) expressly authorizes publication in a local newspaper or Official Gazette, or both, when directed by the court.

Does each auction lot require a separate proclamation?

Not necessarily. Rule 67(3) permits a common proclamation unless the court considers separate notice necessary to provide proper publicity.

Does every defect in publication automatically invalidate a sale?

No. For an application under Rule 90 to set aside an immovable-property sale, the applicant generally must establish material irregularity or fraud in publication or conduct and substantial injury resulting from it. The particular facts and applicable rules matter.

Official legal reference

Read the Code of Civil Procedure, 1908 on India Code for the legislative text. Court-specific amendments and directions should be verified for the relevant jurisdiction.

Legal information only; not a substitute for advice on a particular execution proceeding. Updated: 15 October 2026.