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The Code of Civil Procedure, 1908: page 281
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 281, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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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 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 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 plaintiff 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
find due and the sum of Rs. ………………… for the costs of the suit awarded to the defendant;
(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
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and expenses as may be payable under rule 10, together with such subsequent interest as may be
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payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,
the defendant shall bring into Court all documents in his possession or power relating to the
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mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the
plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-
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transfer the said property free from the said mortgage and clear of and from all incumbrances created
by the defendant or any person claiming under him or any person under whom the claims and shall, if
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so required, deliver up to the plaintiff quiet and peaceable possession of the said property.
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
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 defendant shall produce before the Court or such officer as it appoints, all
documents in his possession of power relating to the mortgaged property.
6. 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 defendant under this decree and under any further orders that may be passed in his
suit and in payment of any amount which the Court may adjudge due to the defendant 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 plaintiff or other persons
entitled to receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant 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 plaintiff for the amount of the
balance; and 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.)
281
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