CPC 1908 § Order XXI, Rule 83 — Postponement of sale to enable judgment debtor to raise amount of decree

Statutory text (English)

(1) Where
an order for the sale of immoveable property has been made, if the judgment-debtor can satisfy the
Court that there is reason to believe that the amount of the decree may be raised by the mortgage or
lease or private sale of such property, or some part thereof, or of any other immoveable property of the
judgement-debtor, the Court may, on his application, postpone the sale of the property comprised in
the order for sale on such terms and for such period as it thinks proper, to enable him to raise the
amount.

(2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within
a period to be mentioned therein, and notwithstanding anything contained in section 64, to make the
proposed mortgage, lease or sale:

Provided that all monies payable under such mortgage, lease or sale shall be paid, not to the
judgment-debtor, but, save in so far as a decree-holder is entitled to set off such money under the
provisions of rule 72, into Court:

Provided also that no mortgage, leases or sale under this rule shall become absolute until it has
been confirmed by the Court.

(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sold in
execution of a decree for sale in enforcement of a mortgage of, or charge on, such property.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 83 (EXECUTION OF DECREES AND ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 123, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 123) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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