Order XXI Rule 93 CPC - Return of Purchase Money in Certain Cases
Order 21 Rule 93 of the Code of Civil Procedure, 1908 provides a remedy for an auction purchaser when the court sets aside a sale of immovable property under Rule 92. The purchaser may obtain repayment of the purchase money, with or without interest as the court directs.
Text of Order XXI Rule 93
Where a sale of immovable property is set aside under rule 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or without interest as the Court may direct, against any person to whom it has been paid.
Meaning and scope of Rule 93
Return of purchase money means repayment of the amount paid by the successful auction purchaser for immovable property sold in execution of a decree. Rule 93 applies when that judicial sale has been set aside under Order XXI Rule 92.
The right to repayment follows the setting aside of the sale. The court may direct repayment against a person to whom the purchase money was paid. The rule expressly permits the court to award interest or to order repayment without interest; interest is therefore not automatic.
When can the auction purchaser seek repayment?
- A court auction of immovable property took place in execution proceedings.
- The sale was set aside under Rule 92, following an application under the applicable provisions, such as Rule 89, Rule 90, or Rule 91.
- The purchaser seeks an order for repayment from the executing court, identifying the amount paid and, where relevant, requesting interest.
Relationship with Rules 89 to 94
Rule 89 - Application to set aside sale on deposit
Provides a route for specified persons to seek setting aside of an execution sale by making the required deposit, subject to statutory conditions.
Rule 90 - Material irregularity or fraud
Permits an application to set aside a sale on grounds of material irregularity or fraud in publishing or conducting it, subject to the requirement of substantial injury and other statutory conditions.
Rule 91 - Judgment-debtor had no saleable interest
Allows the purchaser to apply to set aside the sale where the judgment-debtor had no saleable interest in the property sold.
Rule 92 - Confirmation or setting aside of sale
Governs when the court confirms an execution sale or sets it aside. Rule 93 addresses the purchaser's refund after the sale is set aside under Rule 92.
Rule 94 - Sale certificate
Provides for a certificate to the purchaser when a sale of immovable property becomes absolute. This is distinct from the refund remedy under Rule 93.
How to request repayment under Rule 93
The auction purchaser can apply in the relevant execution proceedings, referring to the order setting aside the sale, proof of payment, the amount sought and any grounds supporting a request for interest. The court determines the appropriate repayment direction in accordance with the rule and the circumstances of the case.
Frequently asked questions
Is refund of the auction price mandatory?
Rule 93 entitles the purchaser to an order for repayment when its conditions are met. Whether interest accompanies that repayment is for the court to decide.
Who may be directed to refund the money?
The rule authorizes an order against any person to whom the purchase money has been paid.
Does Rule 93 apply when the sale is confirmed?
No. It concerns a sale of immovable property set aside under Rule 92, not a sale that has become absolute.
Statutory reference and further reading
For the governing legislation, consult the Code of Civil Procedure, 1908 on India Code and the CPC provisions and rules index. Verify the current central text, applicable High Court rules and state amendments when applying the provision to a particular case.