Section 64 of The Presidency Small Cause Courts Act, 1882 in hindi — Appraisement

Bare section text

Official Legislative Text

In default of any order to the contrary by a Judge of the Small Cause Court or by the High Court, any two of the said bailiffs may, at the expiration of five days from a seizure of property under this Chapter, appraise the property so seized, and give the debtor notice in writing to the effect of the form (marked D) in the Third Schedule hereto annexed. Notice of sale.—The bailiffs shall file in the Small Cause Court a copy of every notice given under this section.

Educational Study Layer

Summary

At least five days must expire from the date of seizure before the property can be officially valued.
This process is called appraisement, meaning an official valuation, and must be carried out by at least two court bailiffs.
Appraisement goes ahead unless a Judge of the Small Cause Court or the High Court orders otherwise.
After the appraisement, the bailiffs must provide the debtor with a written notice of sale.
The bailiffs are legally required to file a copy of this notice of sale in the records of the Small Cause Court.

Practical examples

1On December 1, 2026, a tenant named Sanjay had his furniture seized for unpaid rent. By December 7, 2026, which was six days after the seizure, no court had ordered otherwise. Two bailiffs, Joseph and Kabir, went to the warehouse, appraised the furniture's value, and served Sanjay with a written notice stating that his furniture would be sold. They filed a copy of this notice in the Small Cause Court on the same afternoon.

2A shopkeeper named Rekha had her spare inventory seized on May 10, 2026. On May 16, 2026, since five days had passed and Rekha had not obtained a stay order, two court bailiffs appraised the goods. They wrote down the value, gave Rekha a written notice of sale, and filed a copy of the notice in the Small Cause Court.

FAQ

1. When can court bailiffs value and appraise seized property under Section 64 of the Presidency Small Cause Courts Act?

Under Section 64 of the Presidency Small Cause Courts Act, 1882, the bailiffs can appraise the seized property after five days have expired from the date of the seizure, unless there is a contrary court order.

2. How many bailiffs must participate in the appraisement of seized property under Section 64 of the Presidency Small Cause Courts Act, 1882?

Under Section 64 of the Presidency Small Cause Courts Act, 1882, at least two bailiffs must carry out the appraisement of the seized property.

3. What must bailiffs do with the notice of sale under Section 64 of the Presidency Small Cause Courts Act, 1882?

Under Section 64 of the Presidency Small Cause Courts Act, 1882, the bailiffs must serve a written notice of sale on the debtor and file a copy of that notice in the Small Cause Court.

Practice Quiz

Q1.Under Section 64 of the Presidency Small Cause Courts Act, 1882, how many days must pass after a seizure of property before the bailiffs are legally allowed to appraise it?

Q2.Under Section 64 of the Presidency Small Cause Courts Act, 1882, how many bailiffs are required to perform the official appraisement of the seized property?

Q3.Under Section 64 of the Presidency Small Cause Courts Act, 1882, what must the bailiffs do with the written notice of sale after serving it on the debtor?

Q4.Under Section 64 of the Presidency Small Cause Courts Act, 1882, what can stop the bailiffs from appraising the property after five days have expired?

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