Mandatory deposit under Order XXI Rule 85 CPC cannot be extended after expiry of the prescribed time.

Order XXI Rule 85 CPC imposes a mandatory obligation on an auction purchaser to deposit the full purchase money within the prescribed time, including the amount needed for non-judicial stamps to engross the sale certificate. Once that statutory period expires, the court cannot use Sections 148 or 151 CPC to enlarge time on equitable grounds or because the purchaser acted bona fide. Failure to comply with the mandatory deposit requirement renders the sale invalid. The late-deposit order was therefore unsustainable, and the revision was allowed.

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Issues: Whether time could be extended for the auction purchaser to deposit the amount required for engrossing the sale certificate with non-judicial stamps, after the statutory period under Order XXI, Rule 85 of the Code of Civil Procedure, 1908 had expired.

Analysis: The statutory obligation under Order XXI, Rule 85 is mandatory and requires the purchaser to pay the full purchase money within the prescribed time, including the amount necessary for non-judicial stamps for the sale certificate. Once the auction purchaser had engaged counsel and sought confirmation of sale, there was no basis to invoke the Court's discretionary powers under Section 148 or Section 151 of the Code of Civil Procedure, 1908 to enlarge time. The settled legal position, as reflected in the relied upon authorities, is that failure to comply with the mandatory deposit requirement renders the sale invalid and no extension can be granted on grounds of equity or bona fides.

Conclusion: Time could not be extended. The order permitting late deposit was unsustainable, and the revision was liable to be allowed.

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