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The Code of Civil Procedure, 1908: page 285
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 285, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has
made the payment].
1
[No. 8
DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED
PROPERTY
(Order XXXIV, rules 6 and 8A)
(Title)
Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and
reading the final decree passed in the suit on the .................... day of ......................... and the Court being
satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. ………….
and have been paid to the applicant out of the Court on the ………………... day of ……………….. and
that the balance now due to him under the aforesaid decree is Rs. ………… ;
And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor
(plaintiff or defendant, as the case may be) personally;
It is hereby ordered and decreed as follows:—
That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or
plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent.
e
per annum from the ………………… day of ……………….. (the date of payment out of Court referred
od
to above) up to the date of realisation of the said sum, and the costs of this application.]
1
[No. 9
aC
PRELIMINARY DECREE FOR FORECLOSURE OF SALE
[Plaintiff . . . . .
di . . . . . . 1st Mortgagee,
In Vs.
Defendant No. 1 . . . . . . . . . . . Mortgagor,
Defendant No. 2 . . . . . . . . . . . 2nd Mortgagee.]
(Order XXXIV, rules 2 and 4)
(Title)
The suit coming on this ……………. day, etc; It is hereby declared that the amount due to the
plaintiff 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) incurred
by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for
the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. .
(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect
of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)
2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to
defendant No. 2 *[or (if there are several subsequent mortgagees) that the several parties hereto are
entitled in the following order to the payment of the sums due to them respectively:—].
3. And it is hereby ordered and decreed as follows:—
(i) (a) that defendants or one of them do pay into Court on or before the ………................... day
of ……..…….. or any later date up to which time for payment has been extended by the Court the
said sum of Rs. …………….. due to the plaintiff; and
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
* Words not required to be deleted.
285
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