154. Combined order of attachment and proclamation of sale to issue.
(1)Notwithstanding anything contained in the Code of Civil Procedure, 1908, when the decree-holder makes the application mentioned in Section 158, the Court if it admits the application under Ruler 17 of Order XXI in Schedule I to the said Code and orders execution of the decree as applied for, shall issue a combined order of attachment and sale-proclamation in the prescribed form.(2)The proclamation shall, in addition to stating and specifying the particulars mentioned in Rule 66 of Order XXI in Schedule I to the said Code, announce-(a)in the case of a permanent tenure, or holding of a raiyat at fixed rates or jotedar that the tenure or holding will first be put up to auction to the registered and notified incumbrances, and will be sold subject to those incumbrances, if the sum bid is sufficient to liquidate the amount of the decree and costs; and that otherwise it will, if the decree-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annul all incumbrances ; and(b)in the case of the holding of an occupancy raiyat held otherwise than at fixed rates, that the holding will be sold with power to annul all incumbrances.(3)Notwithstanding anything contained in sub-Rule (2) of Rule 66 of Order XXI in Schedule I to the Code of Civil Procedure, 1908 it shall not be necessary for the court to draw up the sale proclamation after notice to the judgement debtor in the case of lands orderd to be sold for arrears of rent due in respect thereof:Provided that if the defendant disputes the correctness of the value of the lands of the tenancy as stated in the plaint, the value stated by the defendant in the suit at any time before the sale-proclamation is issued, shall also be specified in the sale- proclamation.(4)Notwithstanding anything contained in Rule 54 and sub-Rule. (1) and (2) of Rule 67 of Order XXI in Schedule I to the said Code, the attachment shall be made an the sale -proclamation shall be published in the following manner :(a)by beat of drum at some place on or adjacent to the land comprised in the tenancy ordered to be sold, and by fixing up a copy of the combined order of attachment and sale-pro-clamation in a conspicuous place on such land ;(b)by affixing a copy thereof in a conspicuous place at the court-house of the issuing court;(c)by sending in the prescribed form by registered post to the judgement-debtor a concise statement of the order of attachment and proclamation at the time of issue of the order of attachment and proclamation, and(d)in such manner as may be prescribed.(5)Notwithstanding anything contained in Rule 68 of Order XXI in Schedule I to the said Code, the sale shall not, without the consent in writing of the judgement-debtor, take place until after the expiration of at least thirty days, calculated from the date on which the copy of the proclamation has been fixed up on the land of tenancy orderd to be sold.
