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[Cites 0, Cited by 3] [Section 69] [Entire Act]

Union of India - Subsection

Section 69(3) in The Code of Civil Procedure, 1908

(3)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).