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The Code of Civil Procedure, 1908: page 276
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 276, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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(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 mortgage and clear of and from all incumbrances created by the plaintiff or
any person claiming under him or any person under whom he claims and free from all liability
whatsoever 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.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
may apply to the Court for a final decree that the defendant shall thenceforth stand 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. 4 e
od
FINAL DECREE FOR FORECLOSURE
(Order XXXIV, rule 3)
aC
(Title)
Upon reading the preliminary decree passed in this suit on the……… day of...................................
di
and further orders (if any) dated the…………..day of…………......and the application of the plaintiff
dated the……………day of…………..........for a final decree and after hearing the parties and it
In
appearing that the payment directed by the said decree and orders has not been made by the defendant or
any person on his behalf or any other person entitled to redeem the said mortgage.
It is hereby ordered and decreed that the defendant and all persons claiming through or under him be
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the
property in the aforesaid preliminary decree mentioned; *[and (if the defendant be in possession of the
said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession
of the said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to
this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and
extinguished.
Schedule
(Description of the mortgaged property).]
1
[No. 5
PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4.—Where accounts are directed to be taken.)
(Title)
This suit coming on this....................................day, etc; It is hereby ordered and decreed that it be
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;
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
* Words not required to be deleted.
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