Order 39 Rule 6 CPC: Power to Order Interim Sale of Movable Property
Order XXXIX Rule 6 of the Code of Civil Procedure, 1908 enables a civil court to direct the sale of certain movable property during a pending suit when preservation until final disposal may cause loss, deterioration or other injustice.
Text of Order XXXIX Rule 6 CPC
The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural decay, or which for any other just and sufficient cause, it may be desirable to have sold at once.
Editorial correction: the source webpage used the word "delay" in the phrase "speedy and natural delay". The statutory expression is "speedy and natural decay".
Meaning and scope of Rule 6
The expression interim sale refers to a sale ordered before final judgment to protect the value of property connected with the litigation. Rule 6 applies to movable property that is either the subject matter of the suit or has been attached before judgment in that suit.
The court may intervene where goods are perishable or susceptible to speedy and natural decay. The rule also contains a broader ground: any other just and sufficient cause making an immediate sale desirable. This requires case-specific judicial assessment, not merely a party's preference to sell.
Conditions for ordering an interim sale
- Application by a party: a party to the suit requests an order under Rule 6.
- Eligible property: the property is movable and is the subject matter of the suit or is attached before judgment.
- Urgent justification: the property faces speedy and natural decay, or another just and sufficient cause warrants sale without waiting for judgment.
- Judicial directions: the court decides who will sell the property, the method of sale and the terms necessary to protect the parties.
Examples of situations where Rule 6 may apply
Depending on evidence and circumstances, applications may concern perishable agricultural produce, food stocks, deteriorating goods or movable items whose preservation imposes disproportionate expense or risks significant loss of value. Whether a particular asset should be sold depends on the statutory conditions and the court's discretion.
Practical procedure and safeguards
An applicant should identify the property, explain its connection with the suit, provide evidence of deterioration or other urgent grounds, and propose a fair and transparent method of sale. Supporting material may include inventory records, photographs, inspection reports, storage costs and current valuations.
The court can specify a person to conduct the sale and impose terms relating to valuation, notice, auction or another suitable sale process, documentation and handling of proceeds. Parties should seek clear directions concerning preservation or deposit of the sale proceeds until their rights are decided.
Rule 6 does not expressly dispense with procedural fairness. The need for notice and any urgent interim measures must be assessed under the applicable procedural framework and the circumstances of the case.
Related CPC provisions
Order XXXIX Rule 7 addresses detention, preservation and inspection of the subject matter of a suit. Order XXXIX Rule 8 concerns notice for applications under Rules 6 and 7, subject to its terms. Order XXXIX Rule 1 deals with temporary injunctions in specified circumstances. Order XXXVIII Rule 5 concerns security and attachment before judgment; attachment under that framework may be relevant to Rule 6.
Official legal references
For the authoritative legislation and applicable amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908), Order XXXIX. State amendments and applicable High Court rules should also be checked where relevant.
Frequently asked questions
What does Order 39 Rule 6 CPC provide?
It empowers the court, on an application by a party to a suit, to order the interim sale of specified movable property where it is liable to speedy and natural decay or there is another just and sufficient reason for immediate sale.
Does Rule 6 permit the sale of immovable property?
No. Order XXXIX Rule 6 specifically concerns movable property that is the subject matter of the suit or has been attached before judgment.
Is interim sale automatic when an application is filed?
No. The court exercises discretion after considering the nature of the property, urgency, interests of the parties and appropriate terms.
Who conducts the sale under Rule 6?
The court may name the person who will conduct the sale and prescribe the manner and terms of sale.
This article provides general legal information; the precise procedure and relief depend on the facts, governing amendments and court orders.