Section 67: Power for State Government to make rules for execution of decrees through Collector

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 67

Section 67 empowers the State Government to frame specialized rules regulating the execution and sale of land for payment of money.

  • State Land Sale Rules: State Government may make rules for any local area for the sale of land or any interest in land in execution of a decree for payment of money.
  • Agrarian Ceiling Compliance: Ensures execution sales comply with state agricultural ceiling laws and land alienation restrictions.
  • Subordination of Court Auction: Executing courts must conduct auctions in strict conformity with state Section 67 rules.
Key Landmark Precedents:
  • State of U.P. v. District Registrar, (2006) 3 SCC 430: Discussed state regulatory powers under Section 67 harmonizing execution auctions with land reform policies.
  • Mohar Singh v. Devi Charan, (1988) 3 SCC 63: Affirmed that agricultural land auctions must respect state ceiling statutes.
Courtroom Practice & Strategic Litigation Guidance:

In rural land auctions, check local Section 67 state rules; sales conducted in violation of statutory agricultural buyer qualifications are voidable.