Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the expiration of at least [fifteen days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72for " thirty days" (w.e.f. 1.2. 1977).] in the case of immovable property, and of at least [seven days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72for " fifteen days" (w.e.f. 1.2.1977).] in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.

69. Adjournment or stoppage of sale. -

The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment: Provided that, where the sale is made in, or within the precincts of, the court-house, no such adjournment shall be made without the leave of the Court.

Where a sale is adjourned under sub-rule (1) or a longer period than [thirty days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " seven" (w.e.f. 1.2.1977).] a fresh proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it.

Every sale be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale.

High Court Amendments-[Allahabad].-For rule 69 (2), substitute the following:- "(2) Where a sale has been once adjourned under sub-rule (1), a fresh proclamationunder rule 67 shall be made, unless the judgment-debtor consents to waive it: Provided that where the adjournment is for a period not longer than thirty days from the date originally fixed for sale, no fresh proclamation shall be necessary: Provided also that the Court may dispense with the consent of any judgment-debtor who has failed to attend in answer to a notice issued under rule 66." [Andhra Pradesh].-Substitute the following for sub-rule (2): "(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, there shall be a fresh publication of the proclamation in the manner prescribed by rule 67, unless the judgment-debtor consents to waive it." [Bombay].-In rule 69 for the existing sub-rule (1) and the marginal note, substitute the following as sub-rule (1) and marginal note [retaining sub-rules (2) and (3) as they are]:- "69. Adjournment or stoppage of sale.-(1) The Court may, in its discretion, adjourn anysale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale to a specified day and hour, recording his reasons for such adjournment: Provided that, where the sale is made in, or within the precincts of the Court-house, no such adjournment shall be made without the leave of the Court."-(1-10-1983). [Karnataka].-For sub-rule (2) of rule 69 substitute the following sub-rule: "(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days there shall be a fresh publication of the proclamation of sale in the manner prescribed by rule 67 unless the judgment-debtor consent to waive it."-(9-2-1967). [Kerala].-After sub-rule (2) the following shall be added, namely: "Provided that no such fresh proclamation shall be necessary in cases where the sale has been adjourned on account of the absence of the Presiding Judge or on account of the-day fixed for the sale being declared a holiday."-(10-3-1964). [Madras].-For sub-rule (2) of rule 69 substitute the following sub-rule- "(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, there shall be fresh publication of the proclamation in the manner prescribed by rule 67, unless the judgment-debtor consents to waive it or the Court otherwise orders."-(13-3-1963).

70. [Saving of certain sales.]. - [Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), Section 14 (w.e.f. 1.1.1957).]

71. Defaulting purchaser answerable for loss on re-sale. - Any deficiency of price which may happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be certified to the Court [***] [The words " or to the Collector or subordinate of the Collector, as the case may be," omitted by Act 66 of 1956, Section 14.] by the officer or other person holding the sale, and shall, at the instance of either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money.

72. Decree holder not to bid for or buy property without permission. -

No holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the property.

Where decree-holder purchases, amount of decree may be taken as payment-Where a decree-holder purchases with such permission, the purchase-money and the amount due on the decree may, subject to the provisions of section 73, be set off against one another, and the Court executing the decree small enter up satisfaction of the decree in whole or in part accordingly.

Where a decree-holder purchases, by himself or through another person, without such permission, the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decree-holder.

High Court Amendments-[Allahabad].-In sub-rule (2) for the words "with such permission" read "the property sold" and re-number this sub-rule as rule 72 and delete sub-rules (1) and (3).-(24-7-1926). [Patna].-(i) In rule 72(1) substitute the following for sub-rule (1): "(1) No holder of a decree in execution of which property is sold shall be precluded from bidding for or purchasing the property unless an express order to that effect is made by the Court." (ii) In sub-rule (2) for the words "with such permission" substitute the words "the property". (iii) Substitute the following for sub-rule (3): "(3) Where notwithstanding an order made under sub-rule (1) a decree-holder purchases the property by himself or through another person the Court shall, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the cost of such application and order and any deficiency of price which may happen on the re-sale and all expenses attending it shall be in the discretion of the Court."

72A. . [Mortgagee not to bid at sale without the leave of the Court. -

Notwithstanding anything contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.

If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the mortgagee, and unless the Court otherwise directs, the reserve price shall be-

not less than the amount then due for principal, interest and costs in respect of the mortgage if the property is sold in one lot; and

in the case of any property sold in lots, not less than such sum as shall appear to the Court to be properly attributable to each lot in relation to the amount then due for principal, interest and costs on the mortgage.

In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to purchase by the decree-holder under that rule.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f. 1.2.1977).]

High Court Amendment--[Gujarat].-In Order 21, after the existing rule 72, insert the following rule with mafgirial note as new rule 72-A and its marginal note: "72-A. Where leave is granted to the mortgagee to bid, a reserve price to be fixed by the Court.-If leave to bid is granted to the mortgagee of immovable property, a reserve price as regards him shall be fixed (unless the Court shall otherwise think fit) at a sum not less than the amount then due for principal, interest and costs in case the property is sold in one lot, and not less in respect of each lot (in case the property is sold in lots), than such figure as shall appear to be properly attributable to it in relation to the amount aforesaid."-(17-8-1961).

Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the expiration of at least [fifteen days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72for " thirty days" (w.e.f. 1.2. 1977).] in the case of immovable property, and of at least [seven days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72for " fifteen days" (w.e.f. 1.2.1977).] in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.

69. Adjournment or stoppage of sale. -

The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment: Provided that, where the sale is made in, or within the precincts of, the court-house, no such adjournment shall be made without the leave of the Court.

Where a sale is adjourned under sub-rule (1) or a longer period than [thirty days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " seven" (w.e.f. 1.2.1977).] a fresh proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it.

Every sale be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale.

High Court Amendments-[Allahabad].-For rule 69 (2), substitute the following:- "(2) Where a sale has been once adjourned under sub-rule (1), a fresh proclamationunder rule 67 shall be made, unless the judgment-debtor consents to waive it: Provided that where the adjournment is for a period not longer than thirty days from the date originally fixed for sale, no fresh proclamation shall be necessary: Provided also that the Court may dispense with the consent of any judgment-debtor who has failed to attend in answer to a notice issued under rule 66." [Andhra Pradesh].-Substitute the following for sub-rule (2): "(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, there shall be a fresh publication of the proclamation in the manner prescribed by rule 67, unless the judgment-debtor consents to waive it." [Bombay].-In rule 69 for the existing sub-rule (1) and the marginal note, substitute the following as sub-rule (1) and marginal note [retaining sub-rules (2) and (3) as they are]:- "69. Adjournment or stoppage of sale.-(1) The Court may, in its discretion, adjourn anysale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale to a specified day and hour, recording his reasons for such adjournment: Provided that, where the sale is made in, or within the precincts of the Court-house, no such adjournment shall be made without the leave of the Court."-(1-10-1983). [Karnataka].-For sub-rule (2) of rule 69 substitute the following sub-rule: "(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days there shall be a fresh publication of the proclamation of sale in the manner prescribed by rule 67 unless the judgment-debtor consent to waive it."-(9-2-1967). [Kerala].-After sub-rule (2) the following shall be added, namely: "Provided that no such fresh proclamation shall be necessary in cases where the sale has been adjourned on account of the absence of the Presiding Judge or on account of the-day fixed for the sale being declared a holiday."-(10-3-1964). [Madras].-For sub-rule (2) of rule 69 substitute the following sub-rule- "(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, there shall be fresh publication of the proclamation in the manner prescribed by rule 67, unless the judgment-debtor consents to waive it or the Court otherwise orders."-(13-3-1963).

70. [Saving of certain sales.]. - [Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), Section 14 (w.e.f. 1.1.1957).]

71. Defaulting purchaser answerable for loss on re-sale. - Any deficiency of price which may happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be certified to the Court [***] [The words " or to the Collector or subordinate of the Collector, as the case may be," omitted by Act 66 of 1956, Section 14.] by the officer or other person holding the sale, and shall, at the instance of either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money.

72. Decree holder not to bid for or buy property without permission. -

No holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the property.

Where decree-holder purchases, amount of decree may be taken as payment-Where a decree-holder purchases with such permission, the purchase-money and the amount due on the decree may, subject to the provisions of section 73, be set off against one another, and the Court executing the decree small enter up satisfaction of the decree in whole or in part accordingly.

Where a decree-holder purchases, by himself or through another person, without such permission, the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decree-holder.

High Court Amendments-[Allahabad].-In sub-rule (2) for the words "with such permission" read "the property sold" and re-number this sub-rule as rule 72 and delete sub-rules (1) and (3).-(24-7-1926). [Patna].-(i) In rule 72(1) substitute the following for sub-rule (1): "(1) No holder of a decree in execution of which property is sold shall be precluded from bidding for or purchasing the property unless an express order to that effect is made by the Court." (ii) In sub-rule (2) for the words "with such permission" substitute the words "the property". (iii) Substitute the following for sub-rule (3): "(3) Where notwithstanding an order made under sub-rule (1) a decree-holder purchases the property by himself or through another person the Court shall, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the cost of such application and order and any deficiency of price which may happen on the re-sale and all expenses attending it shall be in the discretion of the Court."

72A. . [Mortgagee not to bid at sale without the leave of the Court. -

Notwithstanding anything contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.

If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the mortgagee, and unless the Court otherwise directs, the reserve price shall be-

not less than the amount then due for principal, interest and costs in respect of the mortgage if the property is sold in one lot; and

in the case of any property sold in lots, not less than such sum as shall appear to the Court to be properly attributable to each lot in relation to the amount then due for principal, interest and costs on the mortgage.

In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to purchase by the decree-holder under that rule.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f. 1.2.1977).]

High Court Amendment--[Gujarat].-In Order 21, after the existing rule 72, insert the following rule with mafgirial note as new rule 72-A and its marginal note: "72-A. Where leave is granted to the mortgagee to bid, a reserve price to be fixed by the Court.-If leave to bid is granted to the mortgagee of immovable property, a reserve price as regards him shall be fixed (unless the Court shall otherwise think fit) at a sum not less than the amount then due for principal, interest and costs in case the property is sold in one lot, and not less in respect of each lot (in case the property is sold in lots), than such figure as shall appear to be properly attributable to it in relation to the amount aforesaid."-(17-8-1961).