O.21 R.69

O.21 R.69: In Execution proceedings, an Application for stay of Sale of immovable property

The accrual of cause of action to file this Application: The Judgment debtor, may make an Application under this Rule seeking stay of Sale of immovable property which is attached in execution proceeding.

The Application may be taken in the form of a Notice of Motion / Notice / Exhibit / Chamber Summons, as may be prescribed under the applicable provision of law, and duly verified by the Applicant.

A broad approach to drafting of any Application may be undertaken in three chronological “Heads” –

(1) Reliefs prayed for / claimed: It is of central importance that any Relief prayed / claimed for , must be duly articulated, keeping in mind (a) the nature of jurisdiction being exercised by the court having regard to the nature of Application which is sought to be filed / moved; (b) the rights / interest claimed by the Applicant; (c) the obligations and liabilities of the opposite party.

(2) Grounds for Reliefs prayed for / claimed; (both factual and legal): Grounds for Reliefs prayed for / claimed, implies (a) the essence / conclusion of material facts or proposition of facts which supports the reliefs prayed for / claimed; and (b) the provision of law / judgments of the Apex Court or High Courts, which supports the reliefs prayed for / claimed.

(3) Material facts of the case: Narration of material facts thereby substantiating the grounds on which the reliefs are claimed.

O.21 Rule 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 courthouse, 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 ⁵⁶ [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.

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