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The Code of Civil Procedure, 1908: page 274
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 274, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.
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Retained layout text
Costs of Suit
Plaintiff Defendant
Rs. A. P. Rs. A. P.
1. Stamp for plaint.............. Stamp for power......
2. Do. forfor
2. Stamp power.............
power............. Stamp for petition ..
3. Do.
3. Do. for
Stamp exhibit...........
forfor exhibit...........
exhibit........... Pleader’s fee .........
4.
4. Pleader's
Pleader’s fee
fee on
on Rs............
Rs............ Subsistence for witnesses...
5.
5. Subsistence
Subsistence forfor witnesses..... Service of process ...
witnesses........
6.
6. Commissioner’s
Commissioner’s fee..........
fee.......... Commissioner’s fee ……
................................
7. Service of process..............
Total Total Total
1
[No. 3
e
od
PRELIMINARY DECREE FOR FORECLOSURE
aC
(Order XXXIV, rule 2.—Where accounts are directed to be taken.)
(Title)
di
This suit coming on this................................. day, etc.; It is hereby ordered and decreed that it be
In
referred to...................... as the Commissioner to take the accounts following:—
(i) an account of what is due on this date to the plaintiff for principal and interest on his
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal
or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems
reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or
by any other person by the order or for the use of the plaintiff or which without the wilful default of
the plaintiff or such person might have been so received;
(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together
with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing
such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent.
per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any
act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by
his failure to perform any of the duties imposed upon him by any law for the time being in force or by
the terms of the mortgage-deed.
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid
by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to
the mortgage-money or, as the case may be, debited in reduction of the amount due to the plaintiff on
1. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11.
274
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