SALECentral

Section 67 of The Code of Civil Procedure, 1908

Power for State Government to make rules as to sales of land in execution of decrees for payment of money.

1[(1)] The State Government 2 *** may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the State Government, to make it impossible to fix their value. 3[(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette declare such rules to be in force, or may 2 *** by a like notification, modify the same. Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.] 4[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

Summary

This section gives State Governments the power to make special rules for selling land to pay off money debts.
These rules can be made for specific local areas within a state.
Governments use this power when the value of the land is very uncertain or hard to fix.
State Governments can also continue or modify any special rules that were already in place before the Code started.
Every new rule or change must be presented to the State Legislature after it is made.

Practical examples

1A State Government notices that land prices in a remote forest area fluctuate wildly. They use Section 67 to create a special notification that sets specific conditions for any court auctions held in that district.

2The government updates its auction rules for agricultural land. To make them official under Section 67, they must lay the new rules before the state assembly members.

FAQ

1. Who can make rules about land sales under Section 67 of the Code of Civil Procedure, 1908?

Under Section 67 of the Code of Civil Procedure, 1908, the State Government is authorized to make these rules via notification in the Official Gazette.

2. What specific situation justifies making rules under Section 67 of the Civil Procedure Code?

Rules are made under Section 67 of the Civil Procedure Code when interests in land are so uncertain that it is impossible to fix their value.

3. Must Section 67 rules be reviewed by any other body in the Code of Civil Procedure, 1908?

Yes, Section 67 of the Code of Civil Procedure, 1908, requires every rule to be laid before the State Legislature.

Test yourself

1.Under Section 67 of the Code of Civil Procedure, 1908, where must State Governments publish their rules?

2.What is a requirement for rules made under Section 67 of the Code of Civil Procedure, 1908?

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