Code of Civil Procedure, 1908 | Order XXI

Order XXI Rule 75 CPC - Special Provisions Relating to Growing Crops

Order 21 Rule 75 of the Code of Civil Procedure, 1908 governs when a growing crop may be sold in execution of a decree. It distinguishes crops capable of storage from crops that cannot be stored and specifies the purchaser's rights after a pre-harvest sale.

Key principle: A growing crop that can be stored must ordinarily be cut or gathered and made ready for storage before its execution sale. A crop that cannot be stored may be sold while still growing, with the purchaser entitled to enter the land for necessary crop-related activities.

Text of Order XXI Rule 75 CPC

Rule 75 - Special provisions relating to growing crops

(1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.

(2) Where the crop from its nature does not admit of being stored, it may be sold before it is cut and gathered, and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering it.

Central rule text reproduced for reference. Check applicable High Court amendments and local execution rules for the court concerned.

Meaning and scope of Rule 75

This rule applies to the sale of growing agricultural produce in execution proceedings, not to every private sale of crops. Its purpose is to coordinate the timing of the judicial sale with the crop's physical condition, so that the process does not require a storable crop to be sold before it is ready for storage.

Rule 75(1): Crops capable of being stored

If a growing crop can, by its nature, be stored, the sale date must allow sufficient time for cutting or gathering and preparation for storage. The sale cannot take place until these steps have been completed and the produce is ready for storing. The rule does not itself prescribe a fixed number of days; the timing depends on the crop and the circumstances.

Rule 75(2): Crops not capable of being stored

If the crop does not admit of storage, the law permits its sale before cutting or gathering. The purchaser is then entitled to enter the land and perform acts necessary to tend, cut or gather the crop. This is a crop-related right under the execution sale, not a general transfer of ownership of the land.

Practical application in execution proceedings

Identify the produce: Determine whether the crop is capable of storage in its relevant condition.
Fix an appropriate sale date: For storable crops, allow harvesting and preparation for storage before the sale.
Consider pre-harvest sale: For crops that cannot be stored, a sale may take place while they remain growing.
Record purchaser access: Where Rule 75(2) applies, access should be confined to activities necessary for tending and harvesting the purchased crop.
Check local rules: High Court amendments can affect how Rule 75 operates in a particular jurisdiction.

Order XXI Rule 44 deals with attachment of agricultural produce; Rule 45 provides for custody and preservation of attached agricultural produce, including growing crops. Order XXI Rule 74 addresses the place of sale of agricultural produce and postponement in specified circumstances where a fair price is not offered. Rule 77 concerns payment at public auction of movable property.

Frequently asked questions

Can a growing crop be auctioned before harvest?

Under the central text of Rule 75(2), yes, if the crop is of a kind that cannot be stored. For a crop capable of storage, Rule 75(1) requires it to be cut or gathered and ready for storage before the sale.

Does buying a growing crop give the purchaser ownership of the land?

No. Rule 75(2) gives the purchaser the right to enter the land and undertake necessary acts to tend and harvest the crop; it does not, by itself, convey title to the land.

Are the same rules applied by every court?

The central rule provides the general framework, but High Court amendments and local rules may modify its application. The rules applicable to the executing court should be checked.

Official legal reference

Read the Code of Civil Procedure, 1908 on India Code, including the First Schedule, Order XXI. The official CPC text (PDF) contains Rules 74 and 75.

This article explains the central CPC provisions for general legal information. State and High Court amendments, orders and case-specific facts may affect the outcome.