The question (15 marks)
Explain the procedure for the sale of immovable property in execution under Order XXI, and the grounds on which such a sale may be set aside. (15 marks)
MU Module III, heads 3.2 and 3.5
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Execution and Other Procedures of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Code of Civil Procedure 1908, Order XXI Rules 64 to 94
- Code of Civil Procedure 1908, s. 47, on the exclusive jurisdiction of the executing court
- Limitation Act 1963, Schedule, Article 127, on the period for an application to set aside a sale in execution
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.