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The Code of Civil Procedure, 1908: page 275

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account of interest on the principal sum adjudged due, and thereafter in reduction or discharge of the
principal.
     3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
with all convenient despatch after making all just allowances on or before
the..............................................................day of........... and that upon such report of the Commissioner
being received, it shall be confirmed and countersigned, subject to such modification as may be necessary
after consideration of such objections as the parties to the suit may make.
     4. And it is hereby further ordered and decreed—
         (i) that the defendant do pay into Court on or before the................................. day of...............................,
     or any later date up to which time for payment may be extended by the Court, such sum as the Court shall
     fined due, and the sum of Rs....................... for the costs of the suit awarded to the plaintiff.
          (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such
     amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
     expenses as may be payable under rule 10, together with such subsequent interest as may be payable under
     rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall
     bring into Court all documents in his possession or power relating to the mortgaged property in the plaint
     mentioned, and all such documents shall be delivered over to the defendant, or to such person as he
     appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said
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     mortgage and clear of and from all incumbrances created by the plaintiff-or any person claiming under him
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     or any person under whom he claims and free from all liability whatsoever or arising from the mortgage or
     this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said
     property.                                                         aC
     5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
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shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand
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absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in
the schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable
possession of the said property; and that the parties shall be at liberty to apply to the Court from time to
time as they may have occasion, and on such application or otherwise the Court may give such directions
as it thinks fit.

                                                          Schedule
                                           Description of the mortgaged property
                                                          1
                                                           [No. 3A
                                  PRELIMINARY DECREE FOR FORECLOSURE
                        (Order XXXIV, rule 2.—Where the Court declares the amount due.)
                                                  (Title)

     This suit coming on this................................ day, etc.; It is hereby declared that the amount due to the
plaintiff on his mortgage mentioned in the plaint calculated up to this .................................................day
of...................... is the sum of Rs......................... for principal, the sum of Rs.................... for interest on
the said principal, the sum of Rs. ........................ for costs, charges and expenses (other than the costs of
the suit) properly incurred by the plaintiff in respect of the mortgage-security, together with interest
thereon, and the sum of Rs........ for the costs of this suit awarded to the plaintiff, making in all sum of
Rs............

     2. And it is hereby ordered and decreed as follows:—
         (i) that the defendant do pay into Court on or before the....................................day of............or
     any later date up to which time for payment may be extended by the Court of the said sum of
     Rs....................,




1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.


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