Meaning of "immediately" under auction-sale deposit rules read as reasonable time, validating next-day compliance.

The expression "immediately" in Order XXI Rule 84(1) CPC was construed contextually, not as requiring literal instantaneous payment of the 25% auction deposit. The Court held that the obligation to deposit arises after the purchaser is declared at sale, and that practical factors in the execution process, including the time taken for notice of acceptance to reach the highest bidder, may make same-day payment unrealistic. On that reasoning, "immediately" was read as permitting compliance within a reasonable time in the circumstances of the sale, and deposit made on the next working day was treated as valid compliance. The sale was therefore not a nullity.

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Issues: Whether the expression "immediately" in Order XXI Rule 84(1) of the Code of Civil Procedure, 1908 requires literal instantaneous payment of the 25% deposit by the auction-purchaser, or permits deposit within a reasonable time in the circumstances of the sale.

Analysis: The deposit obligation under Order XXI Rule 84(1) arises after the purchaser is declared at the sale. In the circumstances of this execution sale, the highest bidder was not present when the court accepted the bid, the declaration had to be arranged through the court machinery, and notice of the acceptance reached him only later in the day. The Court construed the word "immediately" in light of the local procedural setting and the practical time available for compliance, holding that the expression did not require exclusion of all intervening time regardless of reasonableness. The construction adopted was that "immediately" means within a reasonable time, having regard to the facts of the case.

Conclusion: The deposit made on the next working day was valid compliance with Order XXI Rule 84(1), and the sale was not a nullity.

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