Section 76

Amendment status not verified — confirm the current text below against the official source.

Procedure in execution of awards etc.- (1) Any decree holder requiring the provisions of clause (b) of section 63 to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides of the property of defaulter is situated. (2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder. The decree holder may indicate whether he wishes to proceed against any immovable property mortgaged to the decree holder or other immovable property or secure the attachment of movable property. (3) On receipt of such application, the Recovery Officer shall verify the correctness and genuineness of the particulars set-forth in the application with the records, if any, in the office of the Registrar and prepare a certificate in writing in duplicate in the form specified by the Registrar, setting-forth the name and address of the defaulter and the amount due and forward the same to a sale officer. (4) Unless the decree holder has expressed a desire that proceedings could be in a particular order as laid down in sub-rule (2) the execution shall ordinarily take place in the following manner: (i) movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously, in case of necessity: (ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the amount of decree, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against. (5) In the seizure and sale of immovable property the following procedure shall be observed:- 69 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (a) The Sale Officer shall, after giving previous notice to the decree holder, proceed to the village or locality where the defaulter resides or the property to be distrained is situated and serve a demand notice to the defaulter if he is present. If the amount due together with the expenses is not at once paid, the Sale Officer shall make the distress and shall immediately deliver to the defaulter a list or inventory of the property distrained and intimation of place and day and hour at which the distrained property will be brought to sale if the amount due are not previously discharged. If the defaulter is absent the Sale Officer shall serve the demand notice on some adult member of his family or on his authorised agent or when such service cannot be affected, shall affix a copy of the demand notice on some conspicuous part of the place where he ordinarily resides or carries on business. He shall then proceed to make the distress and shall fix the list of the property attached on some conspicuous part of the place where the defaulter ordinarily resides or carries on business endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale thereof. (b) After the distress is made, the Sale Officer may arrange for the custody of the property attached with the decree holder or otherwise. If the Sale Officer requires the decree holder to undertake the custody of the property, he shall be bound to do so and any loss incurred owing to his negligence shall be made good by the decree holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food for such livestock. The Sale Officer may, at the interest of the defaulter or any person claiming and interested to any such property, live in the village or place where it was attached in the charge of such defaulter or person if he enters into a bond in the form specified by the Registrar with one or more solvent sureties for the production of the property, when called for. (c) The distress shall be made after sun rise and before sun set and not at any other time. (d) The distress levied shall not be excessive, that is to say the property distrained shall be as nearly as possible proportionate to the sum due from the defaulter together with interest and all expenses incidental to the distraint, detention and sale. (e) If crops or un-gathered products of the land belonging to a defaulter are attached, the Sale Officer may cause them to be sold when fit for reaping or gathering or at his discretion may cause them to be reaped or gathered in due seasons or time and stored in proper place until sold. In the later case, the expenses of reaping or gathering and storing of such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. 70 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (f) The Sale Officer shall not work the bullocks or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or live stock, the expenses attending which shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. (g) It shall be lawful for the Sale Officer to force open any stable cow house, granary, godown out house or other building and he may also enter in any dwelling house, the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching any property belonging to a defaulter lodged therein provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house for the Zenana or residence of women except as here-in- after provided. (h) Where the Sale Officer has reason to believe that a property of a defaulter is lodged within a dwelling house, the outer door of which is shut or within any apartments appropriated to women which by custom or usage are considered private, the Sale Officer shall represent the facts to the officer- in-charge of the nearest police station. On such representation, the officer- in-charge of the said station shall send a police officer to the spot in the presence of whom the Sale Officer may force open the outer door of such dwelling house in like manner as he may break open the door of any room within the house except the Zenana. The Sale Officer may also in the presence of a police officer and after giving due notice for the removal of the women within a Zenana and after furnishing the means for their removal in a suitable manner if they be women who according to the custom and usage cannot appear in public, enter the Zenna apartments for the purpose of distraining the defaulter's property, if any, deposited therein but such property, if found shall be immediately removed from such apartment after which they shall be left free to the former occupants. (i) The Sale Officer shall, on the day previous to and on the day of sale, cause proclamation of the time and place of the intended sale to be made by beat of drum in the village or locality in which the defaulter resides and in such other place or places as the officer may consider necessary to give due publicity to the sale. No sale shall place until after expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner indicated in clause (a) provided that where the property seized is subject to speedy and natural decay or where the expenses of keeping it in custody is likely to exceed its value, the Sale Officer may sell it at any time before the expiry of the said period of fifteen days, unless the amount due is sooner paid. (j) At the appointed time, the property shall be put up in one or more lots as the Sale Officer may consider advisable and shall be disposed of to the highest bidder. 71 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 Provided that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appear to be unduly low or for other reasons. Where the property is sold for more than the amount due the excess amount, after deducting the interest and expenses of process or/and other charges shall be paid to the defaulter. Provided further, that the Recovery Officer or the Sale Officer may, in his discretion adjourn the sale to a specified date and hour recording his reasons for such adjournment. Where the sale is so adjourned for a longer period than seven days, a fresh proclamation shall be made unless the defaulter consents to waive it. (k) The property shall be paid for in cash at the time of or as soon after as the Sale officer shall appoint and the purchaser shall not be permitted to carry away any part of the property until he has made payment thereof in full. Where the purchaser fails in the payment at purchase or bid money, the property shall be resold. (l) Where it is proved to the satisfaction of any Civil Court of competent jurisdiction that any property which has been distrained under these rules has been forcibly or clandestinely removed by any person the Court may order such property to be restored forthwith to the Sale Officer. (m) Where prior to the day fixed for sale, the defaulter or any person acting on his behalf or any person claiming any interest in the property attached, pays the full amount due including interest and / or other costs incurred in attaching the property, the Sale Officer shall cancel the order of attachment and release the property forthwith. (n) The movable property mentioned as exempted from attachment in the provision to sanction 60 of the Code of Civil Procedure, 1908 (5 of 1908) shall not be liable to attachment or sale under these rules. (6) Where the movable properties to be attached is the salary or allowance or wages of a public officer or of a servant of a local authority or a firm or a company or any other institution, the Recovery Officer may on receiving a report from the Sale Officer, order the employer concerned that the amount shall subject to the provision of section 60 of Code of Civil Procedure, 1908 (5 of 1908) be with-held from such salary or allowance or wages either in one payment or by monthly instalments as the recovery officer may direct and upon the notice of the order, the officers or employer shall with-hold and remit to the Sale Officer the amount due under the order or the monthly instalments, as the case may be. (7) (i) Where the property to be attached consists of a share or interest of the defaulter in movable property belonging to him and another as co-owner, the attachment shall be made by a notice to the defaulter, prohibiting him from transferring the share or interest or charging it in any way. 72 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (ii) Where the property to be attached is a negotiable instrument not deposited in a court nor in the custody of a public officer, the attachment shall be made by actual seizure and the instrument shall be brought to the officer of the Recovery Officer ordering the attachment and be held subject to his further order. (iii) Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer requesting that such property or any interest or dividend becoming payable hereon may be held subject to further orders of the Recovery Officer issuing the notice; Provided that where such property is in the custody of court, any question of title or priority arising between the decree holder and any other person not being the defaulter claiming to be interested in such property by virtue of any assignment, attachment or otherwise shall be determined by such court. (8) (i) Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge the attachment shall be made by the order of the Registrar if the decree sought to be attached is under section 56 or by an arbitrator. (ii) Where the property is to be attached is a decree of the nature referred to in clause (i) the attachment shall be made by the issue of a notice by the Recovery Officer to the holder of such decree, prohibiting him from transferring or charging the same in any way. (iii) The holder of a decree attached under this sub-rule shall give the Recovery Officer executing the decree such information and aid may reasonably be required. (iv) On the application of the holder of a decree sought to be executed by the attachment of another decree the Recovery Officer making an order of attachment under this sub-rule shall give notice of sub order to the defaulter bound by the decree attached, and no payment of adjustment of the attached decree made by the defaulter is contravention of such order after receipt of notice thereof, either through the said Recovery Officer or otherwise, shall be recognised so long as attachment remains in force. (9) Where the movable property to be attached is: (a) a debt due to the defaulter in question; or (b) a share in the capital of a corporation or a deposit invested there in; or (c) other movable property and in the possession of the defaulter, except property deposited in or in the custody, of any civil court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting; 73 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (i) in the case of a debt, the creditor from recovering the debt and the debtor from making payment thereof; (ii) in the case of a share or deposit, the person in whose name the share or deposit may be standing, from transferring the share or deposit or receiving any dividend or interest thereon; and (iii) in the case of any other movable property not in the possession of the defaulter, the person in possession of it from giving it over to the defaulter. A copy of such order shall be sent in the case of debt, to the debtor in the case of share or deposit to the proper officer of the corporation and in the case of the movable property except as aforesaid to the person in possession of such property. As soon as debt referred to in clause (a) or the deposit referred to in clause (b) above mature, the Recovery Officer may direct the person concerned to pay the amount to him. Where the share is not withdrawable, the said Recovery Officer shall arrange for its sale through a broker. Where the share is withdrawable, its value shall be paid to the Recovery Officer or to the party referred to in clause(e) the person concerned shall place it in the hands of the said Recovery Officer as it becomes deliverable to the defaulter. (10) The immovable property shall not be sold in execution of a decree; unless such property has been previously attached; Provided that the decree has been obtained on the basis of a mortgage of such property, it shall not be necessary to attach it. (11) In the attachment and sale without attachment of immovable property, the following procedure shall be observed: a) The application presented under sub rule (i) shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or number and specification of the defaulter's share or interest in such property to the best of the belief of the decree holder and so far as he has been able to ascertain it. b) The demand notice issued by the Recovery Officer under sub rule (3) shall contain the name of the defaulter, the amount due including the expenses, if any, the time allowed for payment in case of non-payment the particulars of properties to be attached and sold or to be sold without attachment as the case may be. After receiving the demand notice the Sale Officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or if personal service is not possible shall affix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment as the case may be. 74 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 Provided that where the Recovery Officer is satisfied that a defaulter with intent to defeat or delay the execution proceedings against him is about to dispose of the whole or part of his property, the demand notice issued by the Recovery Officer under sub-rule (3) shall not allow any time for the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith. c) If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the Sale Officer shall proceed to attach and sell or sell without attachment, as the case may be, the immovable property noted in the application for execution in the manner specified below. d) Where attachment is required for sale, the Sale Officer shall if possible cause a notice of attachment served on the defaulter personally. Where personal service is not possible, the notice shall be affixed in some conspicuous part of the defaulter's last known residence, if any. The fact of attachment shall also be proclaimed by the beat of drum or other customary mode at some place on or adjacent to such property and such other place or places as the Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall be set forth that unless the amount due with interest and expenses if any, be paid within the date therein mentioned the property will be brought to sale. A copy thereof shall be sent to the decree holder. Where the Sale Officer so directs, the attachment shall be notified by public proclamation in the Official Gazette. e) Proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer and Tehsil Office in which the property is situated at least thirty days before the date fixed for the sale and also by beat of drum in the village or locality on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of the sale. Such proclamation shall, where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree holder and the defaulter. The proclamation shall state the time and place of sale and specify as fully and accurately as possible :- (i) the property to be sold; (ii) any in-cumbrance to which the property is liable; (iii) the amount for the recovery of which sale is ordered; and (iv) every other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and the value of the property. 75 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 f) When any immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree holder shall, when the amount for the realisation of which the sale is held exceeds rupees one hundred, furnish to the Sale Officer within such time as may be fixed by him or by the Recovery Officer an encumbrance certificate from the Registration Department or Revenue Department for a period of not less than twelve years prior to the date of the attachment of the property sought to be sold, or in case falling under the provision to sub-rule (10), prior to the date of application for execution. The time for the production of encumbrance certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be. The sale shall be by public auction to the highest bidder; provided that it shall be open to the Sale Officer to decline to accept the highest bid where price offered appears to be unduly low or for other reasons and provided also that the Recovery Officer or the Sale Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his reason for such adjournment. Where a sale is so adjourned for a longer period than seven days a fresh proclamation under clause (e) shall be made unless the defaulter consents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which the notice of the proclamation was affixed in the office of the Recovery Officer. The time and place of the sale shall be fixed by the Recovery Officer and the place of sale shall be the village or locality, where the property to be sold is situated or such adjourning prominent place of public resort as may be fixed by the said Recovery Officer; Provided that in cases where an encumbrance certificate is not obtainable owing to destruction of the connected records, an affidavit from the village Patwari in regard to the encumbrances known to him supported by a certificate from the Registration Department or Revenue Department that the encumbrance certificate cannot be granted owing to the destruction of the connected records, shall be accepted in place of an encumbrance certificate. g) A sum of money equal to fifteen percent of the price of the immovable property shall be deposited by the purchaser in the hands of the Sale Officer at the time of the purchase, and in default of such deposit the property shall be forthwith resold; Provided that where the decree holder is the purchaser and is entitled to set off the purchase money under clause (k) the Sale Officer shall dispense with the requirement of this rule; h) The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale; 76 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 Provided that the time for the payment of cost of the stamp may, for good and sufficient reasons, be extended at the discretion of the Recovery Officer upto thirty days from the date of sale. Provided further that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set off to which he may be entitled under clause (k). i) In default of payment within the period mentioned in the last preceding clause, the deposit, may, if the Recovery Officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government and defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. j) Every resale of immovable property in default of payment of the amounts mentioned in the clause (h) within the period allowed for such payments shall be made, after the issue of the first proclamation in the manner and for the period hereinbefore prescribed for the sale. k) Where a decree holder purchase the property, the purchase money and the amount due on the decree shall be set off against one and other and the Sale Officer shall enter up satisfaction of the decree in whole or in part accordingly. (12) Where prior to date fixed for a sale, a defaulter or any person acting on his behalf or any person claiming any interest in the property sought to be sold, tenders payment of the full amount due together with interest, travelling and other expenses incurred in bringing the property to the sale including the expenses of attachment, if any, the Sale Officer shall forthwith release the property, after cancelling, where the property has been attached, the order of attachment. (13) (i) where immovable property has been sold by the Sale Officer, any person either owing such property or holding an interest therein by virtue of a title acquired before such sale may, apply to have the sale set aside on his depositing with the Recovery Officer:- a) for payment to the purchaser a sum equal to five percent of the purchase money; and b) for payment to the decree holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other costs due in respect of such amount less amount which may since the date of such proclamation have been received by the decree holder. 77 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (ii) if such deposit and application are made within thirty days from the date of sale, the Recovery Officer shall pass an order setting aside the sale and shall repay to the purchaser, the purchase money so far as it has been deposited together with the five percent deposited by the applicant. Provided that if more persons than one have made deposit and application under this sub-rule, the application of the first depositor to the officer authorized to set aside the sale, shall be accepted. (iii) If a person applied under sub-rule (14) to set aside the sale of immovable property, he shall not be entitled to make an application under this sub-rule. 14 (i) At any time within thirty days from the date of the sale of immovable property, the decree holder or any person entitled to share in a rateable distribution of assets or whose interest are affected by the sale may apply to the Recovery Officer to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it; Provided that no sale shall be set aside on the ground of irregularity or fraud, unless the Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud. (ii) If the application be allowed, the Recovery Officer shall set aside the sale and may direct a fresh sale. (iii) On the expiration of thirty day from the date of sale if no application to have the sale set aside is made or if such application has been made and rejected, the Recovery Officer shall make order confirming the sale; Provided that if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made or on ground other than those alleged in any application which has been made and rejected may, after recording his reasons in writing set aside the sale. (iv) After the confirmation of any such sale, the Recovery Officer shall grant a certificate of sale bearing his seal and signature to the purchaser and such certificate shall state the property sold and name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all court and tribunals where it may be necessary to prove it and no proof of the sale or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reason to doubt its genuineness. (15) Where any lawful purchase of immovable property is resisted or prevented by any person other than any person (not being the defaulter) claiming in good faith to be in possession of the property on his own account from obtaining possession of the immovable property purchase, any court of competent jurisdiction, on an application and production of the certificate of sale provided for sub-rule (14), shall cause the proper process to be issued for the purpose of putting such purchase in possession in the same manner as if the immovable property purchased had been decreed to the purchaser by a decision of the court. 78 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (16) It shall be lawful for the Sale Officer to sell the whole or any portion of immovable property of a defaulter in discharge of money due; Provided always that, so far as may be practicable, no larger section or portion of immovable property shall be sold than may be sufficient to discharge the amount due with interest and expenses, if any, of attachment and sale. (17) Where an attachment has been made under these rules, any private transfer or delivery of property attached or of any interest therein and any payment to the defaulter of any debt, dividend or any other money contrary to such attachment shall be void as against all claims enforceable under the attachment. Explanation: - For the purpose of this sub-rule claims enforceable under an attachment include claims for the rateable distribution of assets under sub- rule (24). (18) Persons employed in serving notice or other process under these rules shall be entitled to travelling allowance as admissible under the rules in force if he is a Government Servant and to others, at the rates, approved and fixed by the Registrar in consultation with the Recovery Officer from time to time. (19) Where the cost and charges incurred in connection with the attachment and sale of movable property or the attachment and sale or sale without attachment of immovable property under this rule, exceeds the amount of the cost deposited by the decree holder, such excess shall be deducted from the sale proceeds of the property sold or the money paid by the defaulter as the case may be and the balance shall be made available to the decree holder. (20) Every person making a payment towards any money due for the recovery of which application has been made under the rule shall be entitled to a receipt for the amount duly signed by the Sale Officer or any other officer empowered by the Recovery Officer in that behalf. Such receipt shall state the name of the person making the payment and the subject matter in respect of which the payment is made. (21)(a) Where any claim is preferred or objection made to the attachment of any property attached under this rule on the ground that such property is not liable to such attachment; the Sale Officer shall investigate the claim or objection and dispose it off on merit. Provided that no such investigation be made when the Sale Officer consider the claim or objection to be frivolous. (b) Where the property to which the claim or objection relates has been advertised for sale, the Sale Officer may postpone the sale pending the investigation of the claim or the objection. 79 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (c) Where a claim or an objection is preferred, the party against whom an order is made may institute a suit within six months from the date of the order to establish the right which he claims to the property in dispute, but, subject to the result of such suits, if any, the order shall be conclusive. (22) (i) Any deficiency of price which may happen on a resale held under clause (j) of sub-rule(11) by reasons of the purchaser's default and all expenses arising out of such resale be certified by the Sale Officer to the Recovery Officer and shall at the instance of either the decree holder or the defaulter, be recoverable from the defaulting purchaser under the provisions of this rule. The costs, if any, incidental to such recovery shall also be borne by the defaulting purchaser. (ii) Where the property may, on the second sale, self for a higher price than at the first sale, the defaulting purchaser at the first sale shall have no claim to the difference or increase. (23) Where any property has been attached in execution of a decree, but by reason of decree holder's default the Recovery Officer is unable to proceed further with application for execution, he shall either dismiss the application or for any sufficient reason adjourn the proceedings to a future date. Upon the dismissal of such application the attachment shall cease. (24) (a) Where the Sale Officer attaches or has attached under these rules, any proper in the custody of any court, which is already under attachment made in execution of a decree of any court, such court shall receive and realise such property and shall determine claims thereto and any objection to the attachment thereof; Provided that where the property is under attachment in execution of decree of more courts than one, the court which shall receive or realise such property shall determine any claim thereto and any objection to the attachment thereof, shall be to the court of the highest grade, or where there is no difference in grade between such courts, the courts under whose decree the property was first attached. (b) Where assets are held by the Sale Officer and before receipt such assets, demand notice in pursuance of applications of execution of decree against the same defaulter have been received from more than one decree holder and decree holders have not obtain satisfaction, the assets after deducting the cost of realisation, shall be rateably distributed by the Sale Office among-all such decree holders in the manner provided for in section 73 of the Code of Civil Procedure of 1908 (5 of 1908). 80 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019. ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, OCT, 16, 1974 (25) Where a defaulter dies before the decree has been fully satisfied, an application under sub-rule (1) may be made against the legal representative of the deceased and thereupon, all the provisions of this rule shall, save as otherwise provided in this sub-rule, apply as if such legal representatives were defaulters. Where decree is executed against such legal representative, he shall liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of and for this purpose, such legal representative shall produce such accounts in respect of such property to the satisfaction of the Recovery Officer as he thinks fit. (26) Where is connection with proceedings on an application under section 63 of the Regulation, any person requires the issue of any process or objects to any process issued or objects to any orders passed, he shall pay such fee as may be specified by the Registrar in this behalf.