CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1217
Sale of property in execution of judgment.
in execution.
427. Every sale in execution of a judgment shall be made under the direction of the Registrar, and shall be conducted according to such orders, if any, as the court may make on the application of any party concerned, and shall be made by public auction: Provided that the court may in any case authorise the sale to be made in such other manner as it may deem advisable.
428. At any time within ten days from the date of sale of any immovable property in execution of a judgment, application may be made to the court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside on the ground of such irregularity unless the applicant proves, to the satisfaction of the court, that he has sustained substantial injury by reason of such irregularity.
429.-(1) If no such application is made, the sale shall be deemed absolute.
(2) If such application is made and the objection is disallowed, the court shall make an order confirming the sale.
(3) If such application is made and the objection is allowed, the court shall make an order setting aside the sale for irregularity.
430. Whenever a sale of immovable property is set aside for irregularity, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the court to direct.
431.-(1) After a sale of immovable property has become absolute in manner aforesaid, the court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title, and interest of the judgment debtor in the property sold.
(2) Such certificate shall be liable to the same stamp duty as an assignment of the same property, and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under the Land Registration Ordinance, No. 1 of 1844.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1217
Sale of property in execution of judgment.
in execution.
427. Every sale in execution of a judgment shall be made Conduct and under the direction of the Registrar, and shall be conducted mode of sale according to such orders, if any, as the court may make on . K. Code, the application of any party concerned, and shall be made by s. 78 (1). public auction: Provided that the court may in any case authorise the sale to be made in such other manner as it may deem advisable.
of immovable
428. At any time within ten days from the date of sale of Application to any immovable property in execution of a judgment, applica- set aside sale tion may be made to the court to set aside the sale on the property for ground of any material irregularity in the conduct of the sale, Code, irregularity. but no such sale shall be set aside on the ground of such s. 78 (2). irregularity unless the applicant proves, to the satisfaction of the court, that he has sustained substantial injury by reason of such irregularity.
H. K.
429.-(1) If no such application is made, the sale shall Sale of be deemed absolute.
immovable property
absolute,
(2) If such application is made and the objection is made disallowed, the court shall make an order confirming the sale. confirmed, or
set aside.
(3) If such application is made and the objection is H. K. Codo, allowed, the court shall make an order setting aside the sale s. 78 (3). for irregularity.
etc., when
430. Whenever a sale of immovable property is set aside Repayment for irregularity, the purchaser shall be entitled to receive of deposit, back any money deposited or paid by him on account of such sale of sale, with or without interest, to be paid by such parties and immovable in such manner as it may appear proper to the court to direct. set aside.
property is
H. K. Code, s. 78 (4).
purchaser
431.-(1) After a sale of immovable property has become Granting of absolute in manner aforesaid, the court shall grant a certificate certificate to to the person who has been declared the purchaser at such when sale of sale to the effect that he has purchased the right, title, and immovable interest of the judgment debtor in the property sold.
property becomes
absolute.
(2) Such certificate shall be liable to the same stamp duty H. K. Code, as an assignment of the same property, and, when duly s. 78 (5), stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under the Land Registration Ordinance Ordinance, 1844,
No. 1 of 1844.
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