Timeline for deposit of Purchase money and Stamp Paper - non-submission of Stamp Paper after expiry of prescribed time would no way materially affect Sale process conducted by Execution Court - Time limit prescribed for deposit of Stamp Paper for issuance of Certificate of Sale is directory and not mandatory.

Citation 

2024 (2) СТС 293

IN THE HIGH COURT OF MADRAS (Madurai Bench)

C. Kumarappan, J.

C.R.P.(MD) No.836 of 2018 & C.M.P.(MD) No.3686 of 2018

11.8.2023

C. Muthammal. 2. C. Valarmathi. 3. C. Sekar.                            .....Petitioners

Vs.

R. Kannan. 2. S. Sampath Kumar

.....Respondents

Code of Civil Procedure, 1908 (5 of 1908), Order 21, Rule 85 [as amended by Madras High Court Amendment] - Execution - - Auction Sale of Property - Timeline for deposit of Purchase money and Stamp Paper - Mandatory or Directory Auction Purchaser deposited Purchase money within stipulated time - Deposit of amount for Stamp Paper beyond time limit prescribed under Code Contention of Applicant that non-payment of required amount for Stamp Paper within prescribed time limit would vitiate sale - Held, non-submission of Stamp Paper after expiry of prescribed time would no way materially affect Sale process conducted by Execution Court Time limit prescribed for deposit of Stamp Paper for issuance of Certificate of Sale is directory and not mandatory - Mere failure to deposit Stamp Duty does not constitute material irregularity to vitiate sale. cution of