Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court.

Such proclamation shall be draw up after notice to the decree-holder and the judgment-debtor and shall state the time and place of sale, and specify as fairly and accurately as possible-

the property to be sold [or, where a part of the property would be sufficient to satisfy the decree, such part] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f 1.2.1977).] ;

the revenue assessed upon the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government;

any incumbrance to which the property is liable;

the amount for the recovery of which the sale is ordered; and

every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property:

[Provided that where notice of the date for settling the terms of the proclamation has been given to the judgement-debtor by means of an order under rule 54, it shall not be necessary to give notice under this rule to the judgment-debtor unless the Court otherwise directs: Provided further that nothing in this rule shall be construed as requiring the Court to enter in the proclamation of sale its own estimate of the value of the property, but the proclamation shall include the estimate if any, given, by either or both of the parties.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f. 1.2.1977).]

Every application for an order for sale under this rule shall be accompanied by a statement signed and verified in the manner hereinbefore prescribed for the signing and verification of pleadings and containing, so far as they are known to or can be ascertained by the person making the verification, the matters required by sub-rule (2) to be specified in the proclamation.

For the purpose of ascertaining the matters to be specified in the proclamation, the Court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.

High Court Amendments-[Andhra Pradesh].-(1) Re-number the existing clause (e) to sub-rule (2) as (/) and add the following as clause (e): "(e) the value of the property as stated (i) by the decree-holder, and (ii) by the judgment-debtor." (2) In sub-rule (1), for the word "made" substitute the words "drawn up." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Himachal Pradesh].-Same as that of Punjab. [Karnataka].-In rule 66, sub-rule (2), re-number clause (e) as clause (f) and insert the following as clause (e): "(e) The value of the property as stated by the decree-holder and the value of the property as stated by the judgment-debtor, and" (2) In the same sub-rule, delete the word "and" occurring at the end of clause (d).-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-Same as Andhra Pradesh (1). [Madhya Pradesh].-Substitute a comma for the full-stop at the end of clause (e) of sub-rule (2), and add the following: "including the decree-holder's estimate of the approximate market price."-(16-9-1960). [Madras].-(i) in sub-rule (1), for the word "made" substitute the words "drawn up." (ii) for sub-rule (2) substitute the following, namely: "(2) The terms of such proclamation shall be settled in Court after notice to the decree-holder and judgment-debtor except in cases where notices have already been served under Order 21, rule 64, and such proclamation shall state the time and place of sale and specify as accurately as possible (a) the property to be sold; (b) the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or part of an estate paying revenue to the Government; (c) any encumbrance to which the property is liable; (d) the amount for the recovery of which the sale is ordered; (e) the value of the property as stated (i) by the decree-holder; and (ii) by the judgment-debtor; and (f) every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property."-(10-4-1963). [Patna].-Omit the words "shall be drawn up after notice to the decree-holder and the judgment-debtor and" from sub-rule (2) of rule 66, and add the following proviso after sub-clause (e) of sub-rule (2): "Provided that no estimate of the value of the property, other than those, if any, made by the decree-holder and judgment-debtor respectively together with a statement that the Court does not vouch for the accuracy of either, shall be inserted in the sale proclamation." [Punjab].-Add the following words to clause (e) of sub-rule (2): "Provided that it shall not be necessary for the Court itself to give its own estimate of the value of the property; but the proclamation shall include the estimate, if any, given by either or both of the parties." After sub-rule (2) of rule 66, add the following as sub-rule (3), and re-number the existing sub-rules (3) and (4) as (4) and (5) respectively : "(3) Where the property to be sold is movable property which has been made over to a custodian under sub-clause (a) or (c) of clause (1) of rule 43 of this Order, the Court shall also issue a process by way of notice to the custodian, directing him to produce the property at the place of sale, at a time to be specified therein with a warning that if he fails to comply with the directions, he shall be liable to action under section 145 of the C.P. Code."

Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court.

Such proclamation shall be draw up after notice to the decree-holder and the judgment-debtor and shall state the time and place of sale, and specify as fairly and accurately as possible-

the property to be sold [or, where a part of the property would be sufficient to satisfy the decree, such part] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f 1.2.1977).] ;

the revenue assessed upon the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government;

any incumbrance to which the property is liable;

the amount for the recovery of which the sale is ordered; and

every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property:

[Provided that where notice of the date for settling the terms of the proclamation has been given to the judgement-debtor by means of an order under rule 54, it shall not be necessary to give notice under this rule to the judgment-debtor unless the Court otherwise directs: Provided further that nothing in this rule shall be construed as requiring the Court to enter in the proclamation of sale its own estimate of the value of the property, but the proclamation shall include the estimate if any, given, by either or both of the parties.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f. 1.2.1977).]

Every application for an order for sale under this rule shall be accompanied by a statement signed and verified in the manner hereinbefore prescribed for the signing and verification of pleadings and containing, so far as they are known to or can be ascertained by the person making the verification, the matters required by sub-rule (2) to be specified in the proclamation.

For the purpose of ascertaining the matters to be specified in the proclamation, the Court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.

High Court Amendments-[Andhra Pradesh].-(1) Re-number the existing clause (e) to sub-rule (2) as (/) and add the following as clause (e): "(e) the value of the property as stated (i) by the decree-holder, and (ii) by the judgment-debtor." (2) In sub-rule (1), for the word "made" substitute the words "drawn up." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Himachal Pradesh].-Same as that of Punjab. [Karnataka].-In rule 66, sub-rule (2), re-number clause (e) as clause (f) and insert the following as clause (e): "(e) The value of the property as stated by the decree-holder and the value of the property as stated by the judgment-debtor, and" (2) In the same sub-rule, delete the word "and" occurring at the end of clause (d).-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-Same as Andhra Pradesh (1). [Madhya Pradesh].-Substitute a comma for the full-stop at the end of clause (e) of sub-rule (2), and add the following: "including the decree-holder's estimate of the approximate market price."-(16-9-1960). [Madras].-(i) in sub-rule (1), for the word "made" substitute the words "drawn up." (ii) for sub-rule (2) substitute the following, namely: "(2) The terms of such proclamation shall be settled in Court after notice to the decree-holder and judgment-debtor except in cases where notices have already been served under Order 21, rule 64, and such proclamation shall state the time and place of sale and specify as accurately as possible (a) the property to be sold; (b) the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or part of an estate paying revenue to the Government; (c) any encumbrance to which the property is liable; (d) the amount for the recovery of which the sale is ordered; (e) the value of the property as stated (i) by the decree-holder; and (ii) by the judgment-debtor; and (f) every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property."-(10-4-1963). [Patna].-Omit the words "shall be drawn up after notice to the decree-holder and the judgment-debtor and" from sub-rule (2) of rule 66, and add the following proviso after sub-clause (e) of sub-rule (2): "Provided that no estimate of the value of the property, other than those, if any, made by the decree-holder and judgment-debtor respectively together with a statement that the Court does not vouch for the accuracy of either, shall be inserted in the sale proclamation." [Punjab].-Add the following words to clause (e) of sub-rule (2): "Provided that it shall not be necessary for the Court itself to give its own estimate of the value of the property; but the proclamation shall include the estimate, if any, given by either or both of the parties." After sub-rule (2) of rule 66, add the following as sub-rule (3), and re-number the existing sub-rules (3) and (4) as (4) and (5) respectively : "(3) Where the property to be sold is movable property which has been made over to a custodian under sub-clause (a) or (c) of clause (1) of rule 43 of this Order, the Court shall also issue a process by way of notice to the custodian, directing him to produce the property at the place of sale, at a time to be specified therein with a warning that if he fails to comply with the directions, he shall be liable to action under section 145 of the C.P. Code."