Order XXI Rule 69 CPC: Adjournment or Stoppage of Sale

Order 21 Rule 69 of the Code of Civil Procedure, 1908 governs the postponement and stoppage of court-auction sales during execution proceedings. It identifies who may adjourn a sale, when a fresh proclamation is required, and when an auction must be stopped because the debt and sale expenses have been paid.

Order XXI Rule 69 - Statutory provision

69. Adjournment or stoppage of sale

(1) The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:

Provided that, where the sale is made in, or within the precincts of, the court-house, no such adjournment shall be made without the leave of the Court.

(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, a fresh proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it.

(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale.

Meaning and explanation of Rule 69

Sub-rule (1): Power to adjourn a court auction

The executing court may postpone an auction to a specified date and time. The officer conducting the sale may also adjourn it in the exercise of discretion, but must record the reasons. If the auction takes place in or within the precincts of the court-house, the court's permission is required for adjournment.

Sub-rule (2): Fresh proclamation after more than thirty days

If the auction is adjourned for a period longer than thirty days, a fresh sale proclamation must ordinarily be made under Order XXI Rule 67 CPC. The judgment-debtor may consent to waive that requirement. The thirty-day threshold applies to the period of adjournment, not to the time allowed to pay the decree.

Sub-rule (3): Mandatory stoppage before the lot is knocked down

An auction must be stopped when, before the lot is knocked down, the entire debt and costs, including the expenses of sale, are tendered to the officer conducting the auction. The same consequence follows if satisfactory proof is given to that officer that the amount has already been deposited in the court that ordered the sale.

Important: Rule 69(3) operates before the lot is knocked down. Payment after that point does not automatically stop or reverse a completed auction under this sub-rule; other applicable provisions and judicial remedies must be considered.

Practical steps when seeking adjournment or stoppage

Identify the executing court, execution case number, property and scheduled auction date.
For adjournment, apply to the executing court with the reasons and supporting documents; an auction officer must record reasons when exercising the power under Rule 69(1).
If postponement exceeds thirty days, check whether a fresh proclamation under Rule 67 is necessary and whether a valid waiver exists.
To stop the auction under Rule 69(3), tender the full debt and sale costs before the lot is knocked down, or provide satisfactory proof of payment into the ordering court.
Obtain a receipt or acknowledgment and request that the payment and stoppage be recorded in the execution proceedings.

Order XXI Rule 64 concerns the court's power to order sale of attached property. Rule 66 addresses the contents and settlement of the sale proclamation; Rule 67 governs its publication; and Rule 68 prescribes minimum notice periods before sale, subject to its exceptions.

Frequently asked questions

Can the court postpone an execution auction?

Yes. Under Order XXI Rule 69(1), the executing court has discretion to adjourn a sale to a specified day and hour.

Is a new sale proclamation required after adjournment?

Generally yes, if the sale is adjourned for longer than thirty days, unless the judgment-debtor consents to waive a fresh proclamation. Applicable High Court or local amendments must also be checked.

Can payment of the decree amount stop the auction?

Yes, if the full debt and costs, including sale expenses, are tendered before the lot is knocked down, or satisfactory proof of payment into the ordering court is provided to the sale officer.

Official legislation and local rules

Read the Code of Civil Procedure, 1908 on India Code (official PDF) or consult the India Code legislation record. High Court amendments and rules applicable in the relevant state or jurisdiction may modify procedural requirements.

Updated: 15 October 2026. This article provides general legal information, not advice on a particular execution proceeding.