69. Adjournment or stoppage of sale.- (1) 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. (2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days, a fresh proclamation under rule 67 shall be made, unless the judgment debtor consents to waive it. (3) Every sale shall 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.- Substitute for sub-rule (2): “(2) Where sale has been once adjourned under sub-rule (1), a fresh proclamation under 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, MADRAS AND PONDICHERRY.- For sub-rule (2) substitute the following: “(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days there shall be fresh proclamation in the manner under Rule 67, unless J.D. consents to waive, or Court otherwise orders.” (12.11.1952).
ASSAM, NAGALAND, BOMBAY, CALCUTTA, DADRAANI) NAGAR HAVELI, ANI)AMAN AND NICOBAR ISLANDS, DELHI. GUJARAT, KERALA, MADHYA PRADESH, HIMACHAL PRADESH, PUNJAB, HARYANA AND CHANDIGARH.- Substitute “thirty days” for “seven days”.
BOMBAY.- In Order XXI, 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 any sale 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.- In Rule 69 delete sub-rule (2) and substitute the following:
“(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 consents to waive it.” KERALA (LAKSHD WEEP ISLANDS).- (i) In sub-rule (2) for the words ‘seven days’ substitute the words, ‘thirty days’. (9.6.195 9).’ (ii) Add proviso to sub-rule (2): “Provided that no such 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 sale being declared a holiday.” (10.3.1964).
MADHYA PRADESH.- In sub-rule (2) for the words ‘seven days’, substitute the words ‘thirty days” (16.9.1960). ORISSA.- Only add proviso as in Patna. (14.5.1984). PATNA.- In sub-rule (2) for “Seven” read “14” and add: “Provided that the Court may dispense with the consent of any J.D. who has not appeared into proceeding.” PUNJAB, HARYANA AND CHANDIGARH.- In sub-rule (2) “thirty days” shall be substitute for “seven days”. (7.4.1932). See Act 31 of 1966, Sections 29 and 32 (1.11.1966).
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