Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 284

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 284, 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. 7E
      FINAL DECREE FOR SALE IN A REDEMPTION ON 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 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 mortgaged property in the aforesaid preliminary decree
mentioned or a sufficient part thereof be sold and that 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.
     2. 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 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
                                                                           e
to the defendant for such costs of this suit including the costs of this application and such costs, charges
                                                                          od
and expenses as may be payable under rule l0, together with the 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 plaintiff or other persons entitled to receive the same.]
                                                            1
                                                                [No. 7F
                                                                di
 FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE
                                                         In
                                                  AMOUNT OF THE DECREE

                                             (Order XXXIV, rules 3, 5 and 8)
                                                        (Title)
    This suit coming on this ................................. day for further consideration and it appearing that on
the …………….. day of ……………….. the mortgagor or …………….. , the same being a person
entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree
dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:—
         (i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary
     decree mentioned in favour of the mortgagor *[or, as the case may be, ……………….. who has
     redeemed the property] or an acknowledgement of the payment of the amount due in his favour;
        (ii) the mortgagee do bring into Court all documents in his possession and power relating to the
     mortgaged property in the suit.
    2. And it is hereby further ordered and decreed that upon the mortgagee executing the deed of
re-conveyance or acknowledgement in the manner aforesaid,—
          (i) the said sum of Rs. ……………… be paid out of Court to the mortgagee;
         (ii) the said deeds and documents brought into the Court be delivered out of Court to the
     mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in
     registering, at the cost of the mortgagor *[or other person making the payment], the said deed of
     re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and
        (iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the
     mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in


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

                                                                 284

Compare original page image