Order XXI Rule 90 deposit requirement applies before merits hearing, not necessarily when the application is filed.

Under the proviso to Rule 90 of Order XXI CPC, deposit of up to 12 1/2% of the sale proceeds or furnishing security need not accompany the application to set aside a sale. The term "entertained" was construed to mean considered or decided on merits, not merely filed or admitted. In contrast with provisions that expressly require compliance at the time of presentation, this wording shows that the condition is satisfied if the deposit or security is made before the application is finally heard and determined.

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Issues: Whether, under the proviso to Rule 90 of Order XXI of the Code of Civil Procedure, 1908, the deposit of up to 12 1/2% of the sale proceeds or furnishing of security must be made along with the application to set aside the sale, or whether compliance is sufficient if made any time before the application is taken up for decision on merits.

Analysis: The expression "entertained" in the proviso was held to mean taken into consideration or disposed of on merits, and not merely filed or admitted. The proviso was contrasted with the language of Section 17(1) of the Provincial Small Cause Courts Act, which expressly requires deposit or security at the time of presenting the application. This difference in language showed that Rule 90 does not insist on simultaneous compliance with filing. The court also relied on the practical meaning of the proviso, holding that the conditions therein may be satisfied before the application is heard and decided.

Conclusion: Compliance with the proviso to Rule 90 of Order XXI of the Code of Civil Procedure, 1908 is sufficient if made before the application is finally heard on merits, and not necessarily at the time of filing.

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