Code
CPC1[(1)] The State Government2*** 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 may2*** 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.]
Perfect 👌 You’ve shared Section 68 CPC. Let me now structure it properly in the ApniLaw SEO format:
Section 68 CPC – Power for State Government to Make Rules Regarding Sale of Land in Execution of Decrees
Code
68. Power for State Government to make rules.
(1) The State Government 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 interests are so uncertain or undetermined as, in the opinion of the State Government, to make it impossible to fix their value.
(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, 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.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
Explanation
Section 68 CPC empowers the State Government to frame rules regarding the sale of uncertain or undetermined land interests in execution of money decrees.
- Some land interests (like tenancy rights, revenue-sharing interests, or undivided shares) may not have a clear market value.
- In such cases, the State Government can make special rules to regulate how these interests should be sold during execution proceedings.
- If special rules were already in force before CPC was enacted in that area, the Government may continue or modify them.
- Any such rules must be laid before the State Legislature, ensuring accountability.
Illustration
Suppose a court orders the sale of a debtor’s right in an agricultural land where his share of produce is uncertain and fluctuates depending on seasonal conditions. Since its value cannot be easily determined, the State Government rules under Section 68 CPC would guide how such an interest should be sold (for example, requiring valuation by a revenue officer or prescribing a restricted form of auction).
Common Questions & Answers
Q1. Why is Section 68 CPC necessary?
👉 Because some land interests are not easily quantifiable, and without special rules, execution sales may become unfair or impractical.
Q2. Who has the power to frame rules under Section 68 CPC?
👉 The State Government, through official notifications in the Gazette.
Q3. Do these rules override general CPC provisions?
👉 Yes, for the specific types of land interests mentioned, the State Government rules govern execution sales.
Q4. Is legislative oversight provided?
👉 Yes, every rule made under this section must be presented before the State Legislature.
