Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 279

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 279, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

                                                             1
                                                                [No. 6
                                                  FINAL DECREE FOR SALE
                                                   (Order XXXIV, rule 5.)
                                                                (Title)
     Upon reading the preliminary decree passed in this suit on the.........day of.............. 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 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 mortgage.
     It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
mentioned or a sufficient part thereof be sold and that 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.
     2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
the 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 the aforesaid preliminary decree and under any further orders
that may have been passed in this suit and in payment of any amount which the Court may have adjudged
due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges
                                                                            e
                                                                          od
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
                                                                     aC
balance, if any, shall be paid to the defendant or other persons entitled to receive the same.]

                                        [No. 7              1    di
 PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
                                                         In
                                               FOR FORECLOSURE IS PASSED
                        (Order XXXIV, rule 7.—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 account following:—
         (i) an account of what is due on this date to the defendant for principal and interest on the
    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 defendant
    or by any other person by order or for the use of the defendant or which without the wilful default of
    the defendant or such person might have been so received;
         (iii) an account of all sums of money property incurred by the defendant 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 defendant 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. 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 be adjusted against any sums paid by the
defendant 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, be debited in reduction of the amount due to the defendant on


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


                                                                 279

Compare original page image