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 Amendments-[Andhra Pradesh].-Same as that of Madras. [Bombay].-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 maybe 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 the 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 1.00 P.M. but is not accepted by the Court and is paid into Court on the next working day between 11.00 A.M. and 1.00 P.M., the payment shall be deemed to have been made on the day on which the tender is made".-(1-10-1983). ' . [Kerala].-For rule 85 of Order XXI the following shall be substituted, namely: "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 entitled under rule 72."-(1-1-1966). [Madhya Pradesh].-Add the following Explanation: "Explanation.-When an amount is tendered on any day after 1 P.M. but paid into Court on the next working day between 11 A.M. and 1. P.M., the payment shall be deemed to have been made on the day on which the tender is made."-(16-9-1960). [Madras].-Substitute the following for the existing rule: "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-wnd r rule 72." Order 21, Rule 85-A High Court Amendment-[Gujarat].-In Order XXI, after the existing rule 85, insert the following rule with marginal note as new rule 85-A and its marginal note: "85-A. Set-off where execution has been transferred to Collector.-In cases where execution has been transferred to the Collector, for the purposes 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).