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The Code of Civil Procedure, 1908: page 204

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 204, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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        (a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if
    necessary,—
         (b) ordering him to re-transfer at the cost or the defendant the mortgaged property as directed in
    the said decree, and also, if necessary,—
        (c) ordering him to put the defendant in possession of the property.
    (2) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application
made by the plaintiff in this behalf, pass a final decree declaring that the defendant and all persons
claiming through or under him or debarred from all right to redeem the mortgaged property and also, if
necessary, ordering the defendant to put the plaintiff in possession of the property.
     (3) On the passing of a final decree under sub-rule (2), all liabilities to which the defendant is subject
in respect of the mortgage or on account of the suit shall be deemed to have been discharged.
    4. Preliminary decree in suit for sale.—(1) In a suit for sale, if the plaintiff succeeds, the Court shall
pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub-rule (1) of rule 2, and
further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled
to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the
proceeds of the sale (after deduction therefrom of the expenses of the sale) be paid into Court and applied in
payment of what has been found or declared under or by the preliminary decree due to the plaintiff, together
with such amount as may have been adjudged due in respect of subsequent costs, charges, expenses and
                                                                      e
interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same.
                                                                od
    (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time,
                                                         aC
at any time before a final decree for sale is passed, extend the time fixed for the payment of the amount
found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs,
charges, expenses and interest.                      di
    (3) Power to decree sale in foreclosure suit.—In a suit for foreclosure in the case of an anomalous
                                                In
mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit or of any other
person interested in the mortgage-security or the right of redemption, pass a like decree (in lieu of a
decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a reasonable sum
fixed by the Court to meet the expenses of the sale and to secure the performance of the terms.
     (4) Where, in a suit for sale or a suit foreclosure in which sale is ordered, subsequent mortgages or
persons deriving title from, or subrogated to the rights of, any such mortgagees are joined as parties, the
preliminary decree referred to in sub-rule (1) shall provide for the adjudication of the respective rights and
liabilities of the parties to the suit in the manner and form set forth in Form No. 9, Form No. 10 or
Form No. 11 as the case may be, of Appendix D with such variations as the circumstances of the case may
require.
    5. Final decree in suit for sale.—(1) Where, on or before the day fixed or at any time before the
confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the
defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court
shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been
passed, an order—
        (a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree,
     and, if necessary,—
        (b) ordering him to transfer the mortgaged property as directed in the said decree,
     and, also, if necessary,—
        (c) ordering him to put the defendant in possession of the property.
    (2) Where the mortgaged property or part thereof has been sold in pursuance of a decree passed under
sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the
defendant, in addition to the amount mentioned in sub-rule (1), deposits in Court for payment to the
purchaser a sum equal to five per cent. of the amount of the purchase-money paid into Court by the
purchaser.


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