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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part II: Execution

Section 67 CPC: Power for State Government to make rules as to sales of land in execution of decrees for payment of money

Bare Act text

67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money. — [(1)] The State Government * * * may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the State Government, to make it impossible to fix their value.

[(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette declare such rules to be in force, or may * * * by a like notification, modify the same. Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.]

[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

Amendment notes

  1. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
  2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule.
  3. Added by Act 1 of 1914, s. 3.
  4. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

The State Government may, by notification in the Official Gazette, make rules for any local area imposing conditions on the sale, in execution of money decrees, of any class of interests in land that are so uncertain or undetermined that their value cannot be fixed. Where special rules on sale of land in execution were in force in a local area when the Code came into operation, the State Government may declare them to continue or modify them by notification.

Part II: Execution

  1. 36 Application to orders
  2. 37 Definition of Court which passed a decree
  3. 38 Court by which decree may be executed
  4. 39 Transfer of decree
  5. 40 Transfer of decree to Court in another State
  6. 41 Result of execution proceedings to be certified
  7. 42 Powers of Court in executing transferred decree
  8. 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  9. 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  10. 44A Execution of decrees passed by Courts in reciprocating territory
  11. 45 Execution of decrees outside India
  12. 46 Precepts
  13. 47 Questions to be determined by the Court executing decree
  14. 48 Execution barred in certain cases (Repealed)
  15. 49 Transferee
  16. 50 Legal representative
  17. 51 Powers of Court to enforce execution
  18. 52 Enforcement of decree against legal representative
  19. 53 Liability of ancestral property
  20. 54 Partition of estate or separation of share
  21. 55 Arrest and detention
  22. 56 Prohibition of arrest or detention of women in execution of decree for money
  23. 57 Subsistence-allowance
  24. 58 Detention and release
  25. 59 Release on ground of illness
  26. 60 Property liable to attachment and sale in execution of decree
  27. 61 Partial exemption of agricultural produce
  28. 62 Seizure of property in dwelling-house
  29. 63 Property attached in execution of decrees of several Courts
  30. 64 Private alienation of property after attachment to be void
  31. 65 Purchaser’s title
  32. 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
  33. 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  34. 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
  35. 69 Provisions of Third Schedule to apply (Repealed)
  36. 70 Rules of Procedure (Repealed)
  37. 71 Collector deemed to be acting judicially (Repealed)
  38. 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
  39. 73 Proceeds of execution-sale to be rateably distributed among decree-holders
  40. 74 Resistance to execution