Order XXI Rule 68 CPC - Time of Sale in Execution Proceedings
Order 21 Rule 68 of the Code of Civil Procedure, 1908 (CPC), prescribes the minimum interval between affixing a court-sale proclamation and conducting an execution sale. The ordinary period is 15 days for immovable property and 7 days for movable property, subject to the statutory exception and written consent of the judgment-debtor.
Text of Order XXI Rule 68 - Time of Sale
Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the expiration of at least fifteen days in the case of immovable property, and of at least seven days in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.
Source: Code of Civil Procedure, 1908 - official India Code text. The statutory periods were substituted by the CPC (Amendment) Act, 1976, effective 1 February 1977.
Minimum Notice Period Before Court Auction
| Property | Ordinary minimum interval | Starting point |
|---|---|---|
| Immovable property, such as land or a building | 15 days | Affixing the proclamation at the court-house |
| Movable property, such as a vehicle or machinery | 7 days | Affixing the proclamation at the court-house |
The rule requires the prescribed interval to expire before the sale takes place. The court must also comply with the applicable proclamation and sale procedures. Specific High Court amendments or local rules should be checked in the relevant jurisdiction.
Meaning of Important Legal Terms
Judgment-debtor
Under Section 2(10) CPC, a judgment-debtor is a person against whom a decree has been passed or an order capable of execution has been made.
Decree-holder
Section 2(3) CPC defines a decree-holder as a person in whose favour a decree has been passed or an order capable of execution has been made.
Sale proclamation
A formal public announcement of the proposed execution sale. Under Order XXI Rule 66, it ordinarily states the time and place of sale, identifies the property and sets out material information prescribed by that rule.
Immovable and movable property
Immovable property generally includes land and interests or things attached to land; movable property broadly refers to property other than immovable property. Classification in a particular case depends on the applicable law and the nature of the asset.
Exceptions to the Waiting Period
- Written consent: The judgment-debtor may consent in writing to a sale without waiting for the ordinary period specified in Rule 68.
- Property covered by the proviso to Rule 43: The express statutory exception concerns property which is subject to speedy and natural decay, or where the expense of keeping it in custody is likely to exceed its value, in the circumstances covered by that proviso.
Neither an informal oral agreement nor mere silence should be treated as the written consent expressly required by Rule 68.
How Order XXI Rules 66, 67, 68 and 69 Work Together
- Rule 66 - Proclamation of sale: Regulates preparation of the proclamation and material particulars to be disclosed.
- Rule 67 - Publication: Prescribes how the sale proclamation is made and published, including additional publication when ordered by the court.
- Rule 68 - Time of sale: Establishes the minimum waiting period before the sale, subject to the stated exceptions.
- Rule 69 - Adjournment or stoppage: Governs adjournment of a sale and circumstances in which the sale must be stopped. A fresh proclamation may be necessary following an adjournment exceeding the prescribed period, unless waived as permitted by the rule.
What If a Court Sale Is Held Too Early?
A premature sale may raise an objection concerning compliance with the execution-sale rules. The available remedy and outcome depend on the facts, the nature of the irregularity, the stage of the sale, and the applicable provisions. Order XXI Rule 90 deals with applications to set aside certain sales of immovable property on grounds of material irregularity or fraud in publishing or conducting the sale; the applicant must also establish substantial injury as required by that rule. Not every procedural defect automatically invalidates a completed sale.
Practical Example
Suppose a proclamation for auction of land is affixed at the court-house on 1 March. In the ordinary case, the required 15-day period must fully expire before the auction is conducted. The actual auction date must also satisfy the sale proclamation and any other applicable court directions. For movable property, the ordinary statutory interval is seven days.
Official Legal Reference
Read the Code of Civil Procedure, 1908 (India Code) for the authoritative central statutory wording of Order XXI Rules 43 and 64-69 and related provisions. State amendments and High Court rules may affect local practice.
This article provides general legal information and is not a substitute for advice based on the court record and applicable local rules.