Execution sale compliance and belated deposit rules under Order 21 do not defeat confirmation of sale.

Order 21 Rule 84 requires payment of the auction deposit with reasonable promptness in the circumstances, and payment by demand drafts in a high-value auction was treated as sufficient compliance. Order 21 Rule 85 was also satisfied because the balance was paid within the statutory period, so the sale was not vitiated. Relief under Order 21 Rule 89 is available only on strict compliance with the mandatory deposit requirement within time, and Rule 92(2) does not permit a belated attempt to defeat confirmation of sale after the permissible period has expired. The commentary therefore treats the judgment debtor's late application and offer to deposit as ineffective against confirmation of the execution sale.

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Issues: Whether the auction sale in execution was liable to be set aside for alleged non-compliance with Order 21 Rules 84 and 85 of the Code of Civil Procedure, 1908, and whether the judgment debtor could invoke Order 21 Rule 89 and Rule 92(2) to defeat confirmation of sale by a belated offer to deposit the amount.

Analysis: The auction purchaser deposited 25% of the bid amount on the date of auction and paid the balance within the statutory period. The term "immediately" in Rule 84 has to be understood as requiring payment with reasonable speed in the circumstances, and in a high-value auction payment by demand drafts was treated as sufficient compliance. Order 21 Rule 89 confers a concession on the judgment debtor to save the property, but the deposit required under that provision is a condition precedent and must be made within the time prescribed. Rule 92(2) does not create an open-ended right to seek setting aside of the sale after expiry of the permissible period, and a belated application without the requisite deposit cannot prevent confirmation of sale.

Conclusion: The sale was not vitiated, the auction purchaser had complied with Rules 84 and 85, and the judgment debtor was not entitled to relief under Rule 89 or Rule 92(2).

Final Conclusion: The concurrent findings confirming the auction sale were upheld, and the belated attempt to reopen the sale was rejected.

Ratio Decidendi: In execution sales, payment under Order 21 Rule 84 must be made with reasonable promptness in the circumstances, and relief under Order 21 Rule 89 can be granted only on strict compliance with the mandatory deposit requirement within the prescribed time.

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