Code of Civil Procedure, 1908
63. [Omitted.].
Sale generally
64. Power to order property attached to be sold and proceeds to be paid to person entitled.
65. Sales by whom conducted and how made.
66. Proclamation of sales by public auction.
67. Mode of making proclamation.
68. Time of sale.
69. Adjournment or stoppage of sale.
70. [Omitted.].
71. Defaulting purchaser answerable for loss on re-sale.
72. Decree-holder not to bid for or buy property without permission.
Where decree-holder purchases, amount of decree may be taken as payment.
72A. Mortgagee not to bid at sale without the leave of the Court.
73. Restriction on bidding or purchase by officers.
Sale of movable property
74. Sale of agricultural produce.
75. Special provisions relating to growing crops.
76. Negotiable instruments and shares in corporations.
77.
Sale by public auction.
78. Irregularity not to vitiate sale, but any person injured may sue.
79.
Delivery of movable property, debts and shares.
80. Transfer of negotiable instruments and shares.
81. Vesting order in case of other property.
Sale of immovable property.
82. What Courts may order sales.
83. Postponement of sale to enable judgment-debtor to raise amount of decree.
84. Deposit by purchaser and re-sale on default.
85. Time for payment in full of purchase-money.
86. Procedure in default of payment.
88. Bid of co-sharer to have preference.
89. Application to set aside sale on deposit.
90. Application to set aside sale on ground of irregularity or fraud.
91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.
92. Sale when to become absolute or be set aside.
93. Return of purchaser-money in certain cases.
94. Certificate to purchaser.
95. Delivery of property in occupancy of judgment-debtor.
96. Delivery of property in occupancy of tenant.
Resistance to delivery of possession to decree-holder or purchaser
97. Resistance or obstruction to possession of immovable property.
98. Orders after adjudication.
99. Dispossession by decree-holder or purchaser.
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100. Order to be passed upon application complaining of dispossession.
101. Question to be determined.
102. Rules not applicable to transferee pendente lite.
103. Orders to be treated as decrees.
104. Orders under rule 101 or rule 103 to be subject to the result of pending suit.
105. Hearing of application.
106. Setting aside orders passed ex parte, etc.
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ORDER XXII
Death, Marriage and Insolvency of Parties
1. No abatement by party’s death if right to sue survives.
2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
4. Procedure in case of death of one of several defendants or of sole defendant.
4A. Procedure where there is no legal representative.
5. Determination of question as to legal representative.
6. No abatement by reason of death after hearing.
7. Suit not abated by marriage of female party.
8. When plaintiffs insolvency bars suit.
Procedure where assignee fails to continue suit, or give security.
9. Effect of abatement or dismissal.
10. Procedure in case of assignment before final order in suit.
10A. Duty of pleader to communicate to Court death of a party.
11. Application of Order to appeals.
12. Application of Order to proceedings.
ORDER XXIII
Withdrawal and Adjustment of Suits
1. Withdrawal of suit or abandonment of part of claim.
1A.When transposition of defendants as plaintiffs may be permitted.
2. Limitation law not affected by first suit.
3. Compromise of suit.
3A. Bar to suit.
3B. No agreement or compromise to be entered in a representative suit without leave of Court.
4. Proceedings in execution of decrees not affected.
ORDER XXIV
Payment into Court
1. Deposit by defendant of amount in satisfaction of claim.
2. Notice of deposit.
3. Interest on deposit not allowed to plaintiff after notice.
4. Procedure where plaintiff accepts deposit as satisfaction in part.
Procedure where he accepts it as satisfaction in full.
ORDER XXV
Security for Costs
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1. When security for costs may be required from plaintiff.
2. Effect of failure to furnish security.
ORDER XXVI
Commissions
Commissions to examine witnesses
1. Cases in which Court may issue commission to examine witness.
2. Order for commission.
3. Where witness resides within Court’s jurisdiction.
4. Persons for whose examination commission may issue.
4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court.
5. Commission or request to examine witness not within India.
6. Court to examine witness pursuant to commission.
7. Return of commission with depositions of witnesses.
8. When depositions may be read in evidence.
Commissions for local investigations
9. Commissions to make local investigations.
10. Procedure of Commissioner.
Report and depositions to be evidence in suit.
Commissioner may be examined in person.
Commissions for scientific investigation, performance of ministerial act
and sale of movable property
10A. Commission for scientific investigation.
10B. Commission for performance of a ministerial act.
10C. Commission for the sale of movable property.
Commissions to examine accounts
11. Commission to examine or adjust accounts.
12. Court to give Commissioner necessary instructions.
Proceedings and report to be evidence.
Court may direct further inquiry.
Commissions to make partitions.
13. Commission to make partition of immovable property.
14. Procedure of Commissioner.
General Provisions
15. Expenses of commission to be paid into Court.
16. Powers of Commissioners.
16A. Questions objected to before the Commissioner.
17. Attendance and examination of witnesses before Commissioner.
18. Parties to appear before Commissioner.
18A. Application of order to execution proceedings.
18B. Court to fix a time for return of Commission.
Commissions issued of the instance of Foreign Tribunals
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19. Cases in which High Court may issue commission to examine witness.
20. Application for issue of commission.
21. To whom commission may be issued.
22. Issue, execution and return of commissions, and transmission of evidence to foreign Court.
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ORDER XXVII
Suits by or against the Government or Public Officers in thei
r Official Capacity
1. Suits by or against Government.
2. Persons authorised to act for Government.
3. Plaints in suits by or against Government.
4. Agent for Government to receive process.
5. Fixing of day for appearance on behalf of Government.
5A. Government to be joined as a party in a suit against a public officer.
5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.
6. Attendance of person able to answer questions relating to suit against Government.
7. Extension of time to enable public officer to make reference to Government.
8. Procedure in suits against public officer.
8A. No security to be required from Government or a public officer in certain cases.
8B. Definitions of “Government” and “Government pleader”.
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ORDER XXVII-A
Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the
Validity of any Statutory Instrument
1. Notice to the Attorney General or the Advocate-General.
1A. Procedure in suits involving validity of any statutory instrument.
2. Court may add Government as party.
2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.
3. Costs.
4. Application of Order to appeals.
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ORDER XXVIII
Suits by or Against Military or Naval men or Airmen
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.
2. Person so authorised may act personally or appoint pleader.
3. Service on person so authorised, or on his pleader, to be good service.
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ORDER XXIX
Suits by or Against corporations
1. Subscription and verification of pleading.
2. Service on corporation.
3. Power to require personal attendance of officer of corporation.
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ORDER XXX
Suits by or against Firms and Persons carrying on
business in names other than their own
1. Suing of partners in name of firm.
2. Disclosure of partners’ names.
3. Service.
4. Rights of suit on death of partner.
5. Notice in what capacity served.
6. Appearance of partners.
7. No appearance except by partners.
8. Appearance under protest.
9. Suits between co-partners.
10. Suit against person carrying on business in name other than his own.
ORDER XXXI
Suits by or Against Trustees, Executors and Administrators
1. Representation of beneficiaries in suits concerning property vested in trustees, etc.
2. Joinder of trustees, executors and administrators.
3. Husband of married executrix not to join.
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ORDER XXXII
Suits by or
Against Minors and Persons of Unsound Mind
1. Minor to sue by next friend.
2. Where suit is instituted without next friend, plaint to be taken off the file.
2A. Security to be furnished by next friend when so ordered.
3. Guardian for the suit to be appointed by Court for minor defendant.
3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.
4. Who may act as next friend or be appointed guardian for the suit.
5. Representation of minor by next friend or guardian for the suit.
6. Receipt by next friend or guardian for the suit of property under decree for minor.
7. Agreement or compromise by next friend or guardian for the suit.
8. Retirement of next friend.
9. Removal of next friend.
10. Stay of proceedings on removal, etc., of next friend.
11. Retirement, removal or death of guardian for the suit.
12. Course to be followed by minor plaintiff or applicant on attaining majority.
13. Where minor co-plaintiff attaining majority desires to repudiate suit.
14. Unreasonable or improper suit.
15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind.
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16. Savings.
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ORDER XXXIIA
Suits Relating to Matters Concerning the Family
1. Application of the Order.
2. Proceedings to be held in camera.
3. Duty of Court to make efforts for settlement.
4. Assistance of welfare expert.
5. Duty to enquire into facts.