Order 21 Rule 82 CPC: Which Court Can Order Sale of Immovable Property?

Order XXI Rule 82 of the Code of Civil Procedure, 1908 (CPC) identifies which courts may order the sale of immovable property when executing a civil court decree. It expressly excludes a Court of Small Causes.

Text of Order XXI Rule 82 CPC

Official source: Code of Civil Procedure, 1908 (India Code, PDF).

Meaning and scope of Rule 82

Rule 82 concerns the authority of the executing court to direct the sale of immovable property to satisfy a decree. The rule does not itself prescribe the auction procedure or confer jurisdiction on a court that otherwise lacks power to execute the decree. Other provisions of the CPC, including the rules governing attachment, proclamation and sale, must also be followed.

Important legal terms

• Decree: Under Section 2(2) CPC, the formal expression of an adjudication that conclusively determines the rights of parties regarding all or any matters in controversy in a suit, subject to the statutory inclusions and exclusions.
• Decree-holder: Under Section 2(3) CPC, a person in whose favour a decree has been passed or an order capable of execution has been made.
• Judgment-debtor: Under Section 2(10) CPC, a person against whom a decree has been passed or an order capable of execution has been made.
• Immovable property: For CPC purposes, Section 2(6) includes land, benefits arising out of land, and things attached to the earth or permanently fastened to anything attached to the earth.
• Execution: The legal process by which a court enforces a decree or executable order.

Which court can order the sale?

A civil court competent to execute the decree may order a sale of immovable property, subject to the CPC and applicable jurisdictional requirements. A Court of Small Causes cannot order such a sale under Rule 82. Section 7 CPC also addresses the exclusion of provisions concerning execution against immovable property in the Small Causes Court context.

State amendments and High Court rules may affect the wording or operation of the provision in a particular jurisdiction. The applicable local rules should therefore be checked before initiating execution proceedings.

Related rules governing execution sales

• Section 51 CPC: Lists recognised modes of executing decrees, including attachment and sale or sale without attachment where permitted.
• Section 60 CPC: Specifies property liable to attachment and sale, subject to statutory exemptions.
• Order XXI Rule 54: Deals with attachment of immovable property.
• Order XXI Rule 64: Empowers the executing court to order sale of attached property, or a portion sufficient to satisfy the decree.
• Order XXI Rules 66 and 67: Concern proclamation of sale and the manner of making it.
• Order XXI Rule 83: Allows postponement of sale in specified circumstances to enable the judgment-debtor to raise the decretal amount.
• Order XXI Rule 84: Governs the purchaser's immediate deposit following a sale of immovable property, subject to exceptions.
• Order XXI Rules 89 to 92: Address applications to set aside execution sales and confirmation of sale.

Practical example

If a decree-holder seeks recovery of a money decree by sale of the judgment-debtor's land, the application must proceed before a court legally competent to execute the decree and order the sale. Rule 82 prevents a Court of Small Causes from itself ordering the sale of that land. The executing court must still apply the relevant safeguards and sale procedures under Order XXI.

Frequently asked questions

Can a Small Causes Court order sale of land in execution?

No. Order XXI Rule 82 expressly excludes a Court of Small Causes from ordering a sale of immovable property in execution of a decree.

Does Rule 82 itself authorise attachment of property?

No. Rule 82 identifies which courts may order a sale. Attachment and the subsequent sale process are governed by other CPC provisions, including Order XXI Rules 54, 64 and 66.

Can a judgment-debtor request postponement of the sale?

In qualifying circumstances, the judgment-debtor may apply under Order XXI Rule 83 for postponement to raise the amount of the decree, subject to the conditions of that rule.

This article explains the general central CPC provision. Check applicable state amendments, High Court rules and current judicial decisions for case-specific advice.