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Judgment
Admittedly the judgment-debtor paid the 5 per cent. required under Clause (a) of Section 310-A of the Code of Civil Procedure, upon the
whole amount of the purchase-money including that deducted by the Court for poundage. Under that clause he is not required to do any more.
Having also fulfilled the requirement of Clause (b) he was entitled to have the sale set aside, even though something more on account of the
poundage was recoverable from him under the head of costs provided for in the last clause of the Section 310-A. The petitioner was therefore
wrong in opposing the setting aside of the sale. His course was to have applied to the Court for the recovery of what he was entitled to under
Sections 315 and 310-A.
The petition is accordingly dismissed.