DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0747
A.D. 1825.]
REGULATION VII.
737
gardens, orchards, or small portions of fakheraj land, under the provisions
of this Regulation.
In all cases of attachment and intended sale, whether of per-
sonal property or of the landed property above described, in execution of
any decree or other judicial process, a proclamation of the intended sale,
with particulars of the time and place of sale, of the property to be sold,
and of the amount due, for the recovery of which the sale is ordered,
shall be made in the current language of the country, for at least thirty days
before the appointed day of sale, exclusive of the day of sale, and the date
on which the proclamation may be ordered. Such proclamation shall be
made in the usual mode, by beat of drum, on the spot where the property
is attached ; and a written notification, to the same effect, shall also be
affixed in some conspicuous place within the village or town in which the
attachment may take place, as well as in the cutcherry of the local moon-
siff; and at the cutcherries of the collector of the district, and the zillah
judge, w who may have ordered the sale. When the sale is to
be made by a sudder aumeen, the notification shall also be affixed in the
cutcherry of such sudder aumeen.
The usual processes for attachment and sale, in such cases, may
either be issued successively, or simultaneously, as the judge, or
other judicial officer directing the sale, may in each instance think proper,
with reference to the circumstances of the case. But no sale shall in any
instance take place without a previous proclamation, for the period spe-
cified in the preceding clause ; and any material irregularity in the sale,
which may be established, on a summary inquiry, to the satisfaction of the
judge, or other officer by whom the sale may have been ordered,
shall be sufficient to invalidate the sale ; provided that a petition, written
on the stamped paper required for miscellaneous petitions to the Zillah
and City Courts, and stating circumstantially the irregularity which
may have taken place, be presented to the judge, 7*<?$Y.S'%r, or other
officer by whom the sale may have been ordered, within one month after
the sale.
Whenever a public sale may be set aside as invalid under the
preceding clause, or on any account whatever, and no collusion or fraud
shall appear on the part of the purchaser, he shall be entitled to receive
back his purchase-money, on restoring any property delivered over to him,
with or without interest, in such manner as it may appear proper to direct
in each instance.
AY/%. The summary decision passed by the zillah or city judges, or
yq^M%y^, under this section, shall be open to a summary appeal to the
.Pyoymc%J(7oMy^, under the general rules for such appeals.
*SY.z%. In the event of any claim being preferred to the property adver-
tised for sale, under the provisions of this section ; or of any objection
being offered to the proposed sale, within the period of the proclamation ;
such claim, or objection, shall be inquired into by the judge, ygjyz-y^y, or
other officer who may have ordered the sale, or may be referred for inquiry
and report to a sudder aumeen, or local moonsiff; and if it appear neces-
sary, the time of sale shall be postponed till such claim or objection have
been investigated; provided that the representation of it (which, in all
instances, is required to be preferred to the judge, yg^'.s^y, or officer order-
ing the sale, as soon as practicable after the publication of the intended
VOL. II. 5 B
A proclamation to be
issued thirty days pre-
viously to the sale of
such property.
How such proclama-
tion is to be made and
notified.
The usual processes
for attachment and sale
may be issued simul-
taneously.
No sale to take place
without the specified
proclamation being
rial irregularity will
render the sale liable to
be declared invalid;
If a petition on
stamped paper be pre-
sented within one month
after the sale.
In cases where sales
are annulled, and no
collusion appears, the
purchaser to have his
purchase - money re-
turned, with or without
interest, as may appear
proper.
Summary decision
passed by judges or
How judicial officers
are to proceed in cases
where claims are made
to advertised property,
or objections made to
the sale of it.
Provided such claim
or objection shall not
have been designedly
delayed.
REGULATION VII.
737
gardens, orchards, or small portions of fakheraj land, under the provisions
of this Regulation.
In all cases of attachment and intended sale, whether of per-
sonal property or of the landed property above described, in execution of
any decree or other judicial process, a proclamation of the intended sale,
with particulars of the time and place of sale, of the property to be sold,
and of the amount due, for the recovery of which the sale is ordered,
shall be made in the current language of the country, for at least thirty days
before the appointed day of sale, exclusive of the day of sale, and the date
on which the proclamation may be ordered. Such proclamation shall be
made in the usual mode, by beat of drum, on the spot where the property
is attached ; and a written notification, to the same effect, shall also be
affixed in some conspicuous place within the village or town in which the
attachment may take place, as well as in the cutcherry of the local moon-
siff; and at the cutcherries of the collector of the district, and the zillah
judge, w who may have ordered the sale. When the sale is to
be made by a sudder aumeen, the notification shall also be affixed in the
cutcherry of such sudder aumeen.
The usual processes for attachment and sale, in such cases, may
either be issued successively, or simultaneously, as the judge, or
other judicial officer directing the sale, may in each instance think proper,
with reference to the circumstances of the case. But no sale shall in any
instance take place without a previous proclamation, for the period spe-
cified in the preceding clause ; and any material irregularity in the sale,
which may be established, on a summary inquiry, to the satisfaction of the
judge, or other officer by whom the sale may have been ordered,
shall be sufficient to invalidate the sale ; provided that a petition, written
on the stamped paper required for miscellaneous petitions to the Zillah
and City Courts, and stating circumstantially the irregularity which
may have taken place, be presented to the judge, 7*<?$Y.S'%r, or other
officer by whom the sale may have been ordered, within one month after
the sale.
Whenever a public sale may be set aside as invalid under the
preceding clause, or on any account whatever, and no collusion or fraud
shall appear on the part of the purchaser, he shall be entitled to receive
back his purchase-money, on restoring any property delivered over to him,
with or without interest, in such manner as it may appear proper to direct
in each instance.
AY/%. The summary decision passed by the zillah or city judges, or
yq^M%y^, under this section, shall be open to a summary appeal to the
.Pyoymc%J(7oMy^, under the general rules for such appeals.
*SY.z%. In the event of any claim being preferred to the property adver-
tised for sale, under the provisions of this section ; or of any objection
being offered to the proposed sale, within the period of the proclamation ;
such claim, or objection, shall be inquired into by the judge, ygjyz-y^y, or
other officer who may have ordered the sale, or may be referred for inquiry
and report to a sudder aumeen, or local moonsiff; and if it appear neces-
sary, the time of sale shall be postponed till such claim or objection have
been investigated; provided that the representation of it (which, in all
instances, is required to be preferred to the judge, yg^'.s^y, or officer order-
ing the sale, as soon as practicable after the publication of the intended
VOL. II. 5 B
A proclamation to be
issued thirty days pre-
viously to the sale of
such property.
How such proclama-
tion is to be made and
notified.
The usual processes
for attachment and sale
may be issued simul-
taneously.
No sale to take place
without the specified
proclamation being
rial irregularity will
render the sale liable to
be declared invalid;
If a petition on
stamped paper be pre-
sented within one month
after the sale.
In cases where sales
are annulled, and no
collusion appears, the
purchaser to have his
purchase - money re-
turned, with or without
interest, as may appear
proper.
Summary decision
passed by judges or
How judicial officers
are to proceed in cases
where claims are made
to advertised property,
or objections made to
the sale of it.
Provided such claim
or objection shall not
have been designedly
delayed.