Section 67 CPC — Rules Regarding Sale of Land

Section 67 CPC deals with the sale of land in execution of decrees and empowers the State Government to make rules regulating such sales.

Section at a Glance

Particular	Details
Section	Section 67 CPC
Subject	Sale of land in execution
Nature	Procedural
Main purpose	Regulates execution sales of land
Related provisions	Sections 51, 60, 65; Order XXI

Meaning of Section 67 CPC

Section 67 empowers the State Government, with the previous sanction of the High Court, to make rules concerning the sale of land in execution of decrees.

The provision recognises that sales of land raise issues that may require detailed procedural regulation beyond the general execution provisions.

Power to Make Rules

The State Government may make rules relating to matters such as:

• The manner in which land may be sold in execution.
• Conditions governing execution sales.
• Procedures connected with the sale of land.
• Other matters authorised by the Section.

The rules operate alongside the CPC provisions governing execution and sale.

Purpose of Section 67

The provision seeks to ensure that execution sales of land are conducted in an orderly and regulated manner.

It also allows procedural rules to take account of local land and revenue conditions.

Section 67 and Order XXI

Section 67 provides the rule-making authority concerning execution sales of land.

Order XXI contains the principal procedural framework governing attachment and sale of property in execution.

Therefore, an execution sale of land should be examined under Section 67, the applicable rules and the relevant provisions of Order XXI.

Practical Example

A decree-holder seeks execution against agricultural land belonging to the judgment-debtor.

The sale must be conducted according to the CPC and the applicable rules governing execution sales of land. Any State rules made under Section 67 may regulate the manner in which the sale is conducted.

Practical Importance in Civil Litigation

Before proceeding with the sale of land in execution, advocates should verify:

• Whether the land is legally attachable;
• The applicable execution procedure;
• Relevant State rules;
• Requirements concerning proclamation and sale;
• Compliance with Order XXI.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 67 concerns sale of land in execution of decrees.
• It gives rule-making power to the State Government.
• The previous sanction of the High Court is required.
• The provision works alongside Order XXI.
• The detailed procedure for execution sales must also be considered.

Important Questions to Prepare

1. What is the object of Section 67 CPC?
2. Who has the power to make rules under Section 67?
3. What is the role of the High Court under Section 67?
4. How does Section 67 relate to Order XXI?
5. Explain the regulation of land sales in execution proceedings.

Key Legal Principles

1. Section 67 empowers the State Government to regulate sales of land in execution.
2. Previous sanction of the High Court is required for the rule-making power.
3. Execution sales remain subject to the general provisions of the CPC and Order XXI.

ALSO READ: Section 66 – Suit Against Purchaser

Key Takeaways

Concept	Principle
Section	Section 67 CPC
Subject	Sale of land
Rule-making authority	State Government
Requirement	Previous High Court sanction
Related provisions	Sections 60, 65 and Order XXI