Order XXI Rule 73 CPC - Restriction on Bidding or Purchase by Officers
Order 21 Rule 73 of the Code of Civil Procedure, 1908 (CPC) prohibits an officer or any other person entrusted with duties connected with a court-ordered sale from acquiring an interest in the property being sold. The restriction covers direct and indirect participation.
Text of Order XXI Rule 73 CPC
"No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold."
Meaning and scope of Rule 73
The rule safeguards the integrity and impartiality of judicial sales conducted during execution proceedings. A person who has a duty in connection with the sale must not use that position to obtain the property or any interest in it.
Who is restricted?
The prohibition applies to an officer or any other person having a duty to perform in connection with the particular sale. It is the person's role in the sale process, not merely their job title, that is relevant.
What conduct is prohibited?
- Direct bidding: personally submitting a bid at the sale.
- Indirect bidding or acquisition: seeking an interest through another person or arrangement.
- Acquiring an interest: obtaining an ownership or other interest in the property sold.
- Attempting to acquire an interest: the prohibition also extends to attempts, even if the acquisition does not succeed.
Unlike Order XXI Rule 72, which provides for court permission in specified circumstances involving decree-holders, Rule 73 contains no corresponding permission exception for persons performing duties connected with the sale.
Related CPC provisions on execution sales
Rule 64 concerns the power to sell attached property to satisfy a decree. Rule 65 deals with who conducts a sale and how it is made. Rule 66 addresses sale proclamations, while Rule 67 governs their publication.
Rule 68 specifies waiting periods before a sale, subject to its exceptions. Rule 69 addresses adjournment and stoppage. Rule 71 deals with liability of a defaulting purchaser, and Rule 72A regulates mortgagee bidding in mortgage-decree sales.
What if Rule 73 is breached?
A breach may provide grounds to question the propriety of the execution sale. The appropriate remedy depends on the facts, the applicable provisions for challenging sales (including Order XXI Rules 90 and 92 where relevant), procedural requirements, and any applicable local amendments. Rule 73 itself states the prohibition; it does not prescribe an automatic setting-aside mechanism or a specific criminal penalty.
Practical example
If a person entrusted with conducting a court auction arranges for a relative to bid on their behalf so that the person can obtain an interest in the property, the arrangement may fall within Rule 73's prohibition on indirect acquisition. Whether a violation is established depends on the evidence.
Official legislation and further reading
For the authoritative statutory text and applicable amendments, consult the Code of Civil Procedure, 1908 on India Code. The text of Order XXI appears in the First Schedule to the CPC. State amendments and relevant High Court rules should also be checked for the court concerned.
This article provides general legal information. Court practice and remedies may vary according to the facts and applicable amendments.