Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 282

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 282, 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. 7B
  PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
                                               FOR FORECLOSURE IS PASSED
                       (Order XXXIV, rule 7.—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
defendant 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
defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...…….
for the costs of the suit awarded to the defendant, making in all the sum of Rs. ……………
     2. And it is hereby ordered and decreed as follows:—
         (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 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 cost 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,
                                                                           e
     the defendant shall bring into Court all documents in his possession or power relating to the
                                                                          od
     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
                                                                     aC
     re-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 he claims, and
                                                                di
     free from all liability whatsoever arising from the mortgage or this suit and shall, if so required,
     deliver up to the plaintiff 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 defendant
may apply to the Court for a final decree that the plaintiff 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 defendant 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. 7C
  PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
                                                     FOR SALE IS PASSED
                       (Order XXXIV, rule 7.—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
defendant 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
defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for
the cost of this suit awarded to the defendant, making in all the sum of Rs. ……………
     2. And it is hereby ordered and decreed as follows:—
         (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 the said sum of Rs. …………… ;




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


                                                                 282

Compare original page image