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The Code of Civil Procedure, 1908: page 278
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 278, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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Schedule
(Description of the mortgaged property.)
1
[No. 5A
PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4.—When 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 the 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 the suit awarded to the plaintiff, making in all the 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, the said sum of Rs..............;
(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
e
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
od
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
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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
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under him or any person under whom he claims and shall, if so required, deliver up to the defendant
quiet and peaceable possession of the said property.In
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 for the sale of the mortgaged property; and on such application
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the
purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all
documents in his possession or power relating to the mortgaged property.
4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
amount payable to the plaintiff under this decree and under any further orders that may be passed in this
suit and in payment of any amount which the Court may adjudge due to the plaintiff 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, and that the balance, if any, shall be paid to the defendant or other persons
entitled to receive the same.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at
liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law
for the time being in force) to apply for a personal decree against the defendant for the amount of the
balance; and that the parties are 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. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
278
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