82. What Court may order sales.—Sales of immovable property in execution of decrees may be ordered by any Court other than a Court of Small Causes.
Order XXI Rule 82 CPC: What Courts may order sales
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Sales of immovable property in execution of decrees may be ordered by any Court other than a Court of Small Causes. A Court of Small Causes therefore cannot order the sale of immovable property in execution.
Order XXI: Execution Of Decrees And Orders
- 1 Modes of paying money under decree
- 2 Payment out of Court to decree-holder
- 3 Lands situate in more than one jurisdiction
- 4 Transfer to Court of Small Causes
- 5 Mode of transfer
- 6 Procedure where Court desires that its own decree shall be executed by another Court
- 7 Court receiving copies of decree, etc., to file same without proof
- 8 Execution of decree or order by Court to which it is sent
- 9 Execution by High court of decree transferred by other Court
- 10 Application for execution
- 11 Oral application
- 11A Application for arrest to state grounds
- 12 Application for attachment of movable property not in judgment-debtor’s possession
- 13 Application for attachment of immovable property to contain certain particulars
- 14 Power to require certified extract from Collector’s register in certain cases
- 15 Application for execution by joint decree-holders
- 16 Application for execution by transferee of decree
- 17 Procedure on receiving application for execution of decree
- 18 Execution in case of cross-decrees
- 19 Execution in case of cross-claims under same decree
- 20 Cross-decrees and cross-claims in mortgage suits
- 21 Simultaneous execution
- 22 Notice to show cause against execution in certain cases
- 22A Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale
- 23 Procedure after issue of notice
- 24 Process for execution
- 25 Endorsement on process
- 26 When Court may stay execution
- 27 Liability of judgment-debtor discharged
- 28 Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
- 29 Stay of execution pending suit between decree-holder and judgment-debtors
- 30 Decree for payment of money
- 31 Decree for specific movable property
- 32 Decree for specific performance for restitution of conjugal rights, or for an injunction
- 33 Discretion of Court in executing decrees for restitution of conjugal rights
- 34 Decree for execution of document, or endorsement of negotiable instrument
- 35 Decree for immovable property
- 36 Decree for delivery of immovable property when in occupancy of tenant
- 37 Discretionary power to permit judgment-debtor to show cause against detention in prison
- 38 Warrant for arrest to direct judgment-debtor to be brought up
- 39 Subsistence-allowance
- 40 Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
- 41 Examination of judgment-debtor as to his property
- 42 Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
- 43 Attachment of movable property, other than agricultural produce, in possession of judgment- debtor
- 43A Custody of movable property
- 44 Attachment of agricultural produce
- 45 Provisions as to agricultural produce under attachment
- 46 Attachment of debt, share and other property not in possession of judgment-debtor
- 46A Notice to garnishee
- 46C Trial of disputed questions
- 46D Procedure where debt belongs to third person
- 46E Order as regards third person
- 46F Payment by garnishee to be valid discharge
- 46G Costs
- 46H Appeals
- 46I Application to negotiable instruments
- 47 Attachment of share in movables
- 48 Attachment of salary or allowances of servant of the Government or railway company or local authority
- 49 Attachment of partnership property
- 50 Execution of decree against firm
- 51 Attachment of negotiable instruments
- 52 Attachment of property in custody of Court or public officer
- 53 Attachment of decrees
- 54 Attachment of immovable property
- 55 Removal of attachment after satisfaction of decree
- 56 Order for payment of coin or currency notes to party entitled under decree
- 57 Determination of attachment
- 58 Adjudication of claims to, or objections to attachment, of property
- 59 Stay of sale
- 60 Release of property from attachment (Omitted)
- 61 Disallowance of claim to property attached (Omitted)
- 62 Continuance of attachment subject to claim of incumbrancer (Omitted)
- 63 Saving of suits to establish right to attached property (Omitted)
- 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 Saving of certain sales (Omitted)
- 71 Defaulting purchaser answerable for loss on re-sale
- 72 Decree-holder not to bid for or buy property without permission
- 72A Mortgagee not to bid at sale without the leave of the Court
- 73 Restriction on bidding or purchase by officers
- 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
- 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
- 87 Notification on re-sale
- 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
- 97 Resistance or obstruction to possession of immovable property
- 98 Orders after adjudication
- 99 Dispossession by decree-holder or purchaser
- 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