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The Code of Civil Procedure, 1908: page 205

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 205, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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   Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the
amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof.
    (3) 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 directing that the mortgaged property or a
sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided in
sub-rule (1) of rule 4.
    6. Recovery of balance due on mortgage in suit for sale.—Where the net proceeds of any sale held
under 1[rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by
him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold,
pass a decree for such balance.
    7. Preliminary decree in redemption suit.—(1) In a suit for redemption, if the plaintiff succeeds,
the Court shall pass a preliminary decree—
        (a) ordering that an account be taken of what was due to the defendant at the date of such decree
     for—
               (i) principal and interest on the mortgage,
               (ii) the costs of suit, if any, awarded to him, and
             (iii) other costs, charges and expenses properly incurred by him up to that date, in respect of
                                                                                       e
          mortgage-security, together with interest thereon; or
          (b) declaring the amount so due at that date; and
                                                                            od
          (c) directing—                                             aC
              (i) that, if the plaintiff pays into Court the amount so found or declared due on or before such
                                                               di
          date as the Court may fix within six months from the date on which the Court confirms and
                                                          In
          countersigns the account taken under clause (a), or from the date on which such amount is
          declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be
          adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10,
          together with subsequent interest on such sums respectively as provided in rule 11, the defendant
          shall deliver up to the plaintiff, or to such person as the plaintiff appoints, all documents in his
          possession or power relating to the mortgaged property, and shall, if so required, retransfer the
          property to the plaintiff at his cost free from the mortgage and from all encumbrances created by
          the defendant or any person claiming under him where the defendant claims by derived title, by
          those under whom the claims, and shall also, if necessary put the plaintiff in possession of the
          property; and
              (ii) that, if payment of the amount found or declared due under or by the preliminary decree is
          not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court
          may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest,
          the defendant shall be entitled to apply for a final decree—
                   (a) in the case of a mortgage other than a usufructuary mortgage, a mortgage by
               conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only
               and not for sale, that the mortgage property, be sold, or
                   (b) in the case of a mortgage by conditional sale or such an anomalous mortgage as
               aforesaid, that the plaintiff be debarred from all right to redeem the property.
    (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time,
at any time before the passing of a final decree for foreclosure or sale, as the case may be, 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.
     8. Final decree in redemption suit.—(1) Where, before a final decree debarring the plaintiff from
all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in

1. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).

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