Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 283

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 283, 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

        (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
    defendant 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 plaintiff or such
    person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property
    to the plaintiff 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 shall, if so
    required, deliver up to the plaintiff 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 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 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 defendant 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 defendant in respect of such
                                                                         e
costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such
                                                                        od
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 the same.                                               aC
    5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
                                                               di
sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall
                                                         In
be at liberty (where such remedy is open to him under the terms of the 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 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
                                                         [No. 7D
  FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
                                   (Order XXXIV, rule 8)
                                                              (Title)
    Upon reading the preliminary decree in this suit on the .............…. day of ……….…. and further
order (if any) dated the ………..…… day of ……………... , and the application of the defendant dated
the ……….... day of ………..…… for a final decree and after hearing the parties, and it appearing that
the payment as directed by the said decree and orders has not been made by the plaintiff or any person on
his behalf or any other person entitled to redeem the mortgage.
    It is hereby ordered and decreed that the plaintiff 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 plaintiff be in possession of the said
mortgaged property) that the plaintiff shall deliver to the defendant 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 plaintiff up to this
day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and
extinguished.

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
* Words not required to be deleted.


                                                               283

Compare original page image