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PETITIONER: MANILAL MOHANLAL SHAH AND OTHERS
Vs.
RESPONDENT: SARDAR SAYED AHMED SAYED MAHMAD AND ANOTHER.
DATE OF JUDGMENT: 14/04/1954
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM MAHAJAN, MEHAR CHAND (CJ) BOSE, VIVIAN
CITATION: 1954 AIR 349 1955 SCR 108 CITATOR INFO : D 1967 SC1344 (7,10)
ACT: Civil Procedure Code (Act V of 1908), Order XXI, rules 84 and 85-Provisions requiring deposit of 26 per cent of- purchase money immediately after sale and payment of balance within 15 days of the sale-Whether mandatory-Non-compliance with such provisions-Legal effect thereof on sale--Inherent powers-Whether can be exercised-Civil Procedure Code-order 21, rule 72-Decree-holder not to bid for or purchase property without permission-This provision directory.
HEADNOTE: Held, that the provisions of rules 84 and 85 of Order XXI of the Code of Civil Procedure requiring the deposit of 25 per cent of the purchase money immediately on the person being declared as a purchaser and the payment of the balance within 16 days of the sale are mandatory and if these provisions are not complied with there is no sale at all. Non-payment of the price on the part of the defaulting pur- chaser renders the sale proceedings as a complete nullity. The inherent powers of the Court cannot be allowed to cir- cumvent the mandatory provisions of the Code and relieve the purchasers of...