- When any sale in execution of a decree of a civil court is conducted by a civil court Amin, the fee payable by way of poundage on the full amount of the purchase-money shall be paid in stamps, which shall be affixed on the first application, if any be filed, for payment of such purchase-money out of court, whether it be or be not made by the person who obtained the order of sale, or whether it does or does not extend to the whole of the purchase-money. If no such application be filed, then the stamps representing the fee payable shall be affixed on the office report on which the court has recorded its order for payment under Chapter XI, Rule 295. If such an application be filed, it shall bear the requisite stamps for the fee, in addition to such stamps, if any, as are needed for its own validity:Provided that when such fees has once been paid in full in respect of any sale, no further fee shall be payable in respect of the same sale :Provided also that the party paying such fee shall recover the amount of it out of the purchase-money prior to the distribution thereof among the persons entitled thereto :Provided also that when a sale of immovable property is set aside under Order XXI, Rule 92 (2) upon applications under Order XXI, Rules 90 and 91 of the Code, no fee shall be payable by way of poundage on the purchase money.When a sale of immovable property is set aside under Order XXI, Rule 92 (2), upon application under Order XXI, Rule 89, fees due by way of poundage shall be payable by the judgment-debtor, and shall be paid in stamps affixed to the application to set aside the sale.When a sale is made under either Rule 95 or Rule 96 of Order XXI of the Code by a person other than an officer of the Court, an Amin or a Collector, the procedure in this rule before prescribed shall be followed, but the amount of the poundage fee to be paid in stamps shall be the full amount chargeable under Rule 365, less the amount of such person's commission.Such commission shall be payable out of the sale-proceeds next after the payment mentioned in the second proviso of this rule.
