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The Code of Civil Procedure, 1908: page 207

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 207, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    1
     [Provided that where the mortgagor, before or at the time of the institution of the suit, tenders or
deposits the amount due on the mortgage, or such amount as is not subsequently deficient in the opinion
of the Court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall
be entitled to recover his own costs of the suit from the mortgagee, unless the Court, for reasons to be
recorded, otherwise directs.]
    1
      [10A. Power of Court to direct mortgagee to pay mesne profits.—Where in a suit for foreclosure,
the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on
the mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct
the mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the
suit].
     11. Payment of interest.—In any decree passed in a suit for foreclosure, sale or redemption, where
interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows, namely:—
       (a) interest up to the date on or before which payment of the amount found or declared due is
    under the preliminary decree to be made by the mortgagor or other person redeeming the mortgage—
             (i) on the principal amount found or declared due on the mortgage,—at the rate payable on
         the principal, or, where no such rate is fixed, at such rate as the Court Deems reasonable,
              2
               *                      *                           *       e          *                *and
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              (iii) on the amount adjudged due to the mortgagee for costs, charges and expenses properly
         incurred by the mortgagee in respect of the mortgage-security up to the date of the preliminary
                                                                aC
         decree and added to the mortgage-money,—at the rate agreed between the parties or, failing such
         rate, 3[at such rate not exceeding six per cent per annum as the Court deems reasonable]; and
         4
                                                           di
         [(b) subsequent interest up to the date of realisation or actual payment on the aggregate of the
                                                      In
    principal sums specified in clause (a) as calculated in accordance with that clause at such rate as the
    Court deems reasonable.]]
    12. Sale of property subject to prior mortgage.—Where any property the sale of which is directed
under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee,
direct that the property- be sold free from the same, giving to such prior mortgagee the same interest in the
proceeds of the sale as he had in the property sold.
    13. Application of proceeds.—(1) Such proceeds shall be brought into Court and applied as
follows:—
        first, in payment of all expenses incident to the sale or properly incurred in any attempted
    sale;
        secondly, in payment of whatever is due to the prior mortgagee on account of the prior mortgage,
    and of costs, properly incurred in connection therewith;
       thirdly, in payment in all interest due on account of the mortgage in consequence whereof the sale
    was directed, and of the costs of the suit in which the decree directing the sale was made;
         fourthly, in payment of the principal money due on account of that mortgage; and
        lastly, the residue (if any) shall be paid to the person proving himself to be interested in the
    property sold, or if there are more such persons than one, than two, to such persons according to their
    respective interests therein or upon their joint receipt.
    (2) Nothing in this rule or in rule 12 shall be deemed to affect the powers conferred by section 57 of
the Transfer of Property Act, 1882 (4 of 1882).

1. Ins. by Act 104 of 1976, s. 82 (w.e.f. 1 -2-1977).
2. Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
3. Subs. by s. 14, ibid., for certain words (w.e.f. 1-1-1957).
4. Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957).


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