When the petitioner appears, but the mortgagee does not appear, when the petition is called on for hearing, the Collector shall, unless be adjourns the 4 THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) ACT, 1971 proceedings, inquire in a summary manner (a) whether the petitioner is entitled to redeem the mortgaged property, and (b) whether the sum deposited by the petitioner is the sum rightly due under the mortgage.
If the Collector is not satisfied that the petitioner is entitled to redeem, he shall dismiss the petition.
If the Collector is satisfied that the petitioner is entitled to redeem, and that the sum deposited is the sum rightly due under the mortgage, he shall make an order as laid down in clause (a), (b), (c) and (d) of section 6 of this Act.
If the Collector is satisfied that petitioner is entitled to redeem, but is of opinion that a sum larger than that in deposit is due under the mortgage, he shall fix a period not exceeding 30 days within which the petitioner shall deposit the difference, together with any further sum which may be due on account of interest up to the date of deposit. If the petitioner makes such deposit within such period or such further period not exceeding 30 days, as the Collector may fix, the Collector shall make an order in manner aforesaid.
If the petitioner fails to make such deposit within the period fixed, the Collector shall dismiss the petition.