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THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Adjudication of claims and objections

Order XXI Rule 59: Stay of sale

The Code of Civil Procedure, 1908

Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may—

(a) if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or

(b) if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or that pending such adjudication, the property may be sold but the sale shall not be confirmed, and any such order may be made subject to such terms and conditions as to security or otherwise as the Court thinks fit.]

Practise questions on Civil Procedure Code