217. Order of attachment and proclamation of sale to be issued simultaneously.
(1)Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), when the decree holder makes if under the application mentioned in Section 216, the Court shall, Rule 17 in Order XXI in the first Schedule to the said Code it admits the application and Orders execution of the decree as applied for, issue simultaneously the Order of attachment and the proclamation required by Rule 66 in the said Order.(2)The proclamation shall in addition to stating and specifying the particulars mentioned in Rule 66 in the said Order, announce-(a)in the case of a tenure or a holding of a raiyat holding at fixed rates or of a bazyaftidar, that the tenure or holding will first be put up to auction subject to the registered and notified encumbrances, and will be sold subject to those encumbrances 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 encumbrances; and(b)in the case of an occupancy holding, not being, the holding of a bazyaftidar, that the holding will be sold with power to annul all encumbrances.(3)The proclamation shall, besides being made in the manner required by Rule 67 in the said Order, be published by fixing up a copy thereof in a conspicuous place on the land comprised in the tenure or holding Ordered to be sold and shall also be published in such manner as the Board of Revenue may direct in this behalf.(4)Notwithstanding anything contained in Rule 68 in the said Order, 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 upon the land comprised in the tenure or holding Ordered to be sold.
