Sales by whom conducted and how made
Full Text
Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the Court or by such other person as the Court may appoint in this behalf, and shall be made by public auction in manner prescribed.
Plain English Summary
Mandates that execution sales must be conducted by an officer of the court (such as the Nazir) or an appointed Court Commissioner via public auction in the prescribed manner.
Key Legal Elements
- Authorized Auctioneers: Court officer (Nazir/Bailiff) or specially appointed Court Commissioner.
- Public Auction Mandate: Private treaty sales by executing court are impermissible unless statutory exception applies.
- Prescribed Procedure: Auction conducted transparently following Rules 66–77.
Practical Note
Appointment of Court Auctioneer: In high-value commercial executions, parties frequently apply under Rule 65 for the appointment of an advocate as Court Commissioner / Auctioneer instead of the overburdened court Nazir, ensuring wide publicity and professional bidding.
हिंदी पाठ
अन्यथा विहित के सिवाय, डिक्री के निष्पादन में प्रत्येक विक्रय न्यायालय के किसी अधिकारी (Court Officer) द्वारा अथवा ऐसे अन्य व्यक्ति द्वारा जिसे न्यायालय इस निमित्त नियुक्त करे, संचालित किया जाएगा और विहित रीति से लोक नीलाम (Public Auction) द्वारा किया जाएगा।