Section 8

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

In default of payment of the balance of purchase-money within the period allowed, the property shall be re­ sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . . Judge. Schedule of Property Number of lot Description of property to be sold, with the name of each owner where there are more judgment-debtors than one The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in estate or a part of an estate paying revenue to Government Detail of any encumbrances to which the property is liable Claims, if any, which have been put forward to the property and any other known particular bearing on its nature and value [481][The value of the property as state by the decree holder The value of the property as stated by the judgment-debtor] No. 30 Order on the Nazir for Causing Service of Proclamation of Sale (O. 21, R. 66) (Title) To The Nazir of the Court. Whereas an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the . . . . . . . day of . .. . . . . 19. . ., has been fixed for the sale of the said property, . . . . copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published. Date the . . . . . . . . . day of. . . . . . . . . 19. . . Schedule Judge. No. 31 Certificate by Officer Holding a Sale of the Deficiency of Price on a Re-sale of Property by Reason of the Purchaser's Default 229 (O. 21, R. 71) (Title) Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of. . . . . . . . . . . . ., purchase, there was a deficiency in the price of the said property amounting to Rs...., and that the expenses attending such re-sale amounted to Rs. . . . . . . . . . , making a total of Rs. . . . . . . . . . , which sum is recoverable from the defaulter. Dated the . . . . . . . . . day of . . . . . . . . . 19. . . Officer holding the sale No. 32 Notice to Person in Possession of Movable Property Sold in Execution (O. 21, R. 79) (Title) To Whereas . . . . . . . . . has become the purchaser at a public sale in execution of the decree in the above suit of . . . . . . . . . now in your possession, you are hereby prohibited from delivering possession of the said . . . . . . . . . to any person except the said . . . . . . . . . Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19 . . ., Judge. No. 33 Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser (O. 21, R. 79) (Title) To and to . . . . . . . . . Whereas . . . . . . . . . has become the purchaser at a public sale in execution of the decree in the above suit of . . . . . . . . . being debts due from you . . . . . . . . . to you . . . . . . . . . ; It is ordered that you . . . . . . . . . be, and you are hereby, prohibited from receiving, and you . . . . . . . . . from making payment of, the said debt to any person of or person except the said . . . . . . . Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . . Judge. No. 34 Prohibitory Order against the Transfer of Share Sold in Execution (O. 21, R. 79) (Title) To . . . . . . . . . and . . . . . .. . . . . . . . . , Secretary of . . . . . .. . . . . . . . . . . . . . . .. . . . . Corporation. Whereas . . . . . . . . . has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of . . . . . . . . . standing in the name of you . . . . . . . . . ; It is ordered that you . . . . . . . . . be, and you are hereby, prohibited from making any transfer of the said 230 shares to any person except the said . . . . . . . . . , the purchaser aforesaid, or from receiving any dividends thereon; and you . . . . . . . . . , Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said . . . . . . . . . , the purchaser aforesaid. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19 . . . , Judge. No. 35 Certificate to Judgment-debtor Authorising him to Mortgage Lease or Sell Property (O. 21, R. 83) (Title) Whereas in execution of the decree passed in the above suit an order was made on the . . . . . . . . . day of . . . . . . . . . 19. . . , for the sale of the under-mentioned property of the judgment-debtor . . . . . . . . . , and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof: This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of . . . . . . . . . from the date of this certificate; provided that all monies payable under such mortgage, lease or sale be paid into this Court and not to the said judgment-debtor. Description of property Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . . Judge. No. 36 Notice to Show Cause Why Sale should not be Set Aside (O. 21, R. 90, 92) (Title) To Whereas the under-mentioned property was sold on the . . . . . . day of . . . . . . . . . 19 . . ., in execution of the decree passed in the abovenamed suit, and whereas . . . . . . . . . , the decree-holder [or judgement-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely, that . . . . . . . . . Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the . . . . . . . . . day of . . . . . . . . . 19 . . ., when the said application will be heard and determined. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19 . . . Description of property Judge. No. 37 Notice to Show Cause Why Sale should not be Set Aside (O. 21, R. 91, 92) (Title) To 231 Whereas . . . . . . . . . , the purchaser of the under-mentioned property sold on . . . . . . . . the day of . . . . . . . . . 19 . . ., in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that . . . . . . . . . , the judgment-debtor, had no saleable interest therein. Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the . . . . . . . . . day of . . . . . . . . . 19 . . . ., when the said application will be heard and determiend. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19 . . . Description of property Judge. No. 38 Certificate of Sale of Land (O. 21, R. 94) (Title) This is to certify that . . . . . . . . . has been declared the purchaser at a sale by public auction on the . . . . . . . . . day of . . . . . . . . . 19 . . ., of . . . . in execution of decree in this suit, and that the said sale has been duly confirmed by this Court. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . . Judge. No. 39 Order for Delivery to Certified Purchaser of Land at a Sale in Execution (O. 21, R. 95) (Title) To The Bailiff of the Court, Whereas . . . . . . . . . . . . . . . . . . has become the certified purchaser . . . . . . . of . . . . . . . at a sale in execution of decree in Suit No. . . . . . . . . . of . . . . . . . . . 19 . . . ; You are hereby ordered to put the said . . . . . . . . . , the certified purchaser, as aforesaid, in possession of the same. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . Judge. No. 40 Summons to Appear and Answer Charge of Obstructing Execution of Decree (O. 21, R. 97) (Title) To Whereas . . . . . . . . . . . . . . . . . . the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession: You are hereby summoned to appear in this Court on the . . . . . .. . . . . . . . day of . . . . . . . . 19. . . . ., at . . . . a.m., to answer the said complaint. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . 232 Judge. No. 41 Warrant of Committal (O. 21, R. 98) (Title) To The officer in charge of the Jail at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whereas the under-mentioned property has been decreed to . . . . . . . . . , the plaintiff in this suit, and whereas the Court is satisfied that . . . . . . . . . without any just cause resisted [or obstructed] and is still resisting [or obstructing] the said . . . . . . . . . in obtaining possession of the property, and whereas the said . . . . . . . . . . . . has made application to this Court that he said . . . . . . . . . be committed to the civil prison; You are hereby commanded and required to take and receive the said . . . . . . . . . into the civil prison and to keep him imprisoned therein for the period of . . . . . . . . . days. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19 . . . Judge. No. 42 Authority of the Collector to Stay Public Sale of Land (Section 72) (Title) To Collector of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sir, In answer to your communication No. . . . . . . . . . dated . . . . . . . . . representing that the sale in execution of the decree in this suit of . . . . . . . . . . . . . . . . . . land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said deree in the manner recommended by you. I have the honour to be, Sir, Your obedient servant Judge. APPENDIX F SUPPLEMENTAL PROCEEDINGS No. 1 Warrant of Arrest before Judgment (O. 38, R. 1) (Title) To o The Bailiff of the Court. 233 Whereas . . . . . . . . . , the plaintiff in the above suit, claims the sum of Rs. . . . . . . . . . as noted in the margin, and has proved to the satisfaction of the Court that there is probable cause for believing that the defendant is about to . . . . . . These are to command you to demand and receive from the said . . . . . . . . . the sum of Rs. . . . . . . . . . as sufficint to satisfy the plaintiff's claim, and unless the said sum of Rs. . . . . . . . . . is forthwith delivered to you by or on behalf of the said . . . . . . . . . to take the said . . . . . . . . . into custody, and to bring him before this Court in order that he may show cause why he should not furnish security to the amount of Rs . . . . . . . . . for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit. Given under my hand and the seal of the Court, this . . . . . . . . . day of . . . . . . . . . 19. . . Judge. Principal Interest Costs Total No. 2 Security for Appearance of a Defendant Arrested before Judgment (O. 38, R. 2) (Title) Whereas at the instance of . . . . . . . . . , the plaintiff in the above suit, the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the Court has ordered him to furnish such security: Therefore I . . . . . . . . . . . . have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall appear at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said suit. Witness my hand at . . . . . . . . . this . . . . . . . . . day of . . . . . . . . . 19 . . . (Signed) Witnesses.