291. Procedure in cases of forfeitures ordered by court under Order XXI Rule 86.
- The following rules shall regulate the procedure in cases of forfeitures ordered by court under Order XXI, Rule 86 :-(1)in the case of a sale conducted by an officer of the court or by any other person (not being a Collector) appointed by the court, if on default being made in the payment of purchase-money within the time specified in Order XXI, Rule 85 of the Civil Procedure Code (Act No. V of 1908), the earnest money deposited under Order XXI, Rule 84, is ordered to be forfeited under Order XXI, Rule 86 of the Code, the court shall make over to the Receiving Officer a repayment order for the amount of the fee payable by way of poundage and the Receiving Officer shall buy stamps representing that fee and affix them on the order directing the deduction to be made.As to the remainder of the earnest money the court shall:(a)send a proceeding to the Treasury Officer informing him of the forfeiture of the item and of the number and date borne by it in the Register of Receipts of Deposits, and requesting him to transfer and credit it to Government under head "065-Other Administrative Services (A) Administration of Justice, (B) Fines and Forfeitures;"(b)mark of the item in red ink along columns 11 to 23 of the Register of Receipts of Deposits (Reg. 16), thus: "forfeited under Order XXI, Rule 86 of the Civil Procedure Code (Act No. V of 1908) the ,day of 19 ." and enter it in column 24 of that register; and(c)debit the item in the deposit Cash Book in column "Treasury" on the day on which transfer is advised by the Treasury Officer.(2)In the case of a sale conducted by a Collector, if on default being made in the payment of the purchase money within the time specified in Order XXI, Rule 86 of Civil Procedure Code (Act No. V of 1908) the earnest money deposited under Rule 84 be forfeited under Rule 86 of the Code, the court will on report of the fact of non-payment being received from the Collector (a) send a proceeding to the Treasury Officer informing him of the forfeiture of balance shown in column 12 of the Collector's report of sale in the prescribed form (F. 28) as held in deposit after the poundage fee payable has been deducted and credited to Government as provided in Rule 292 and of the amount of that balance and the number and date borne by it in the Register of Receipts of Deposits and Requesting him to transfer and credit it to Government under head "065-Other Administrative Services (A) Administration of Justice (B) Fines and Forfeiture", and (b) mark of and enter the item in the Register of Receipts of Deposits and debit in the Cash Book in the manner prescribed in sub-rule (1).(3)In respect of no item credited to Government under this rule shall a repayment order be issued, but every such item shall be entered in the Register of Repayments of Deposits (the word "credited to Government" being written against the item along Column 7 and 8 of that register), and shall thus be included, in the total repayments which are deducted from the total balance shown in Deposit Cash Book (Subsidiary) (Reg. 21).
