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The Code of Civil Procedure, 1908: page 206

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 206, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment into
Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by
the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order—
          (a) ordering the defendant to delivery up the documents referred to in the preliminary decree,
and, if necessary,—
         (b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the
     said decree,
and, also, if necessary,—
          (c) ordering him to put the plaintiff in possession of the property.
    (2) Where the mortgaged property or a 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
plaintiff, 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.
  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.
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  (3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application
made by the defendant in this behalf,—                                      od
         (a) in the case of a mortgage by conditional sale or of such an anomalous mortgage as is
                                                                     aC
     hereinbefore referred to in rule 7, pass a final decree declaring that the plaintiff and all persons
     claiming under him are debarred from all right to redeem the mortgaged property and, also, if
                                                               di
     necessary, ordering the plaintiff to put the defendant in possession of the mortgaged property; or
                                                          In
         (b) in the case of any other mortgage, not being a usufructuary mortgage, pass final decree 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 is found due to the defendant, and the balance, if any, be paid to the plaintiff or other persons
     entitled to receive the same.
     1
      [8A. Recovery of balance due on mortgage in suit for redemption.—Where the net proceeds of
any sale held under 2[rule 8] are found insufficient to pay the amount due to the defendant, the Court,
3
  [on application by him in execution], may, if the balance is legally recoverable from the plaintiff
otherwise than out of the property sold, pass a decree for such balance.]
    9. Decree where nothing is found due or where mortgagee has been overpaid.—Notwithstanding
anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is
due to the defendant or that he has been overpaid, the Court shall pass a decree directing the defendant, if so
require, to re-transfer the property and to pay to the plaintiff the amount which may be found due to him;
and the plaintiff shall, if necessary, be put in possession of the mortgaged property.
     4
      [10. Costs of mortgagee subsequent to decree.—In finally adjusting the amount to be paid to a
mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs of the
suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the mortgage-money
such costs of the suit and other costs, charges and expenses as have been properly incurred by him since
the date of the preliminary decree for foreclosure, sale or redemption up to the time of actual payment:]




1. Ins. by Act 21 of 1929, s. 5.
2. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).
3. Subs. by s. 82, ibid., for “on application by him” (w.e.f. 1-2-1977).
4. Subs. by Act 21 of 1929, s. 6, for rule 10.

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