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. HIGH COURT AMENDMENT Andhra, Madras and Pondicherry.- Substitute Rule 85:
“85. Time for payment in full of purchase-money and of stamp for certificate of sale.— The full amount of purchase-money payable and the general stamp for the certificate under Rule 94 or the amount required for such stamp shall be deposited into court by the purchaser before the Court closes on the fifteenth day from the sale of the property.
Provided that in calculating the amount of purchase-money to be so deposited the purchaser shall have the advantage of any set-off to which he may be entitled under Rule 72”. Bombay.- In Order XXI, for the existing Rule 85, substitute the following rule and marginal note:— “85. Time for payment in full of purchase money.— The full amount of purchase money payable, together with the amount required for the general stamp paper for the certificate under Rule 94, shall be paid by the purchaser into Court before the Court closes on the 15th day from the date of the sale of the property. Provided that, in respect of the purchase money, the purchaser shall have the advantage of any set-off to which he may be entitled under Rule 72: Provided further that, if as a result of some bona fide mistake or miscalculation the amount deposited falls short of the full amount of the purchase money, the Court may in its discretion, allow the shortfall to be made up after fifteen days of sale, and if the full amount of the purchase-money is deposited within such time as the Court may allow, the Court may condone the delay, if it considers it just and proper to do so. Explanation - When an amount is tendered in Court on any day after 1 p.m. but not accepted by the Court and is paid into Court on the next working day between 11 am, and 1p.m., the payment shall be deemed to have been made on the day on which the tender is made.” (1.10.1983). See also Goa Gaz. 12.10.1987 Ext. No.28 p. 386 (1.4.1987). Kerala.- For Rule 85 the following shall be substituted:— “85. Time for payment in full of purchase money.— The full amount of purchase money payable together with the amount required for the general stamp paper for the certificate under Rule 94 shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the date of the sale of the property: Provided that, in respect of the purchase money, the purchaser shall have the advantage of any set-off to which he may be entiled under Rule 72”. (1.1.1966) Madhya Pradesh.- Add the following Explanation: Explanation is same as that of Bombay. (16.9.1960). Orissa.- Deleted (1 4.5.1984).
Rule 85-A
Gujarat.- After the existing Rule 85, insert the following rule with marginal note as new Rule 86-A:——
“85-A. Set off where execution has been transferred to Collector.— In cases where execution has been transferred to the Collector, for the purpose of Rules 84 and 85, the purchaser shall be deemed to be entitled to a set off under Rule 72, if he produces a certificate to that effect from the Court executing the decree.” (17.8.1961).
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