SALE SET ASIDE - DEPOSITING OF STAMP DUTY .

DEPOSITING OF STAMP DUTY 84. Deposit by purchaser and re-sale on default.—(1) On every sale of immovable property the to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent on the amount of his purchase-money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be re-sold.

(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under Rule 72, the Court may dispense with the requirements of this Rule.

ORDER 21 RULE 85. Time for payment in full of purchase money.—The full amount of purchase money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property:

Provided that, in calculating the amount to be so paid into Court, the purchaser shall have the advantage of any set-off to which he may be entitled under Rule 72.

86. Procedure In default of payment.—In default of payment within the period mentioned in the last preceding Rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.¹ [90. Application to set aside sale on ground of irregularity or fraud.—(1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a ratable distribution of assets or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.

(2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such h irregularity or fraud.

(3) No application to set aside a sale under this Rule shall be entertained upon any ground, which the applicant could have taken on or before the date on which the proclamation of sale was drawn up.

Explanation.—The lucre absence of, or defect in, attachment of the property sold shall not, by it be a ground for setting aside a sale under this Rule.]

1. Substituted by Act No. 104 of 1976, for former Rule 10, w.e.f. 1st. February, 1977. THE AUCTION PURCHASER HAS TO DEPOSIT STAMP DUTY AND ALONG WITH FULL AMOUNT OF PURCHASE MONEY WITH IN 15 DAYS. FAILURE OF THE SAME DOES NOT CONSTITUTE AS A MATERIAL IRREGULARITY IN CONDUCTING THE SALE BECAUSE THIS IS AFTER THE SALE PROCEDURE BUT NOT AT THE TIME OF /OR BEFORE SALE. 2010 [6] ALT 135