Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 286

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 286, 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

       (b) that defendant No. 1 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 defendant No. 2; and

           (ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of
       them in the manner prescribed in clause (i) (a) 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 plaintiff 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 defendant No………. (who has made the payment), or to such person as he
       appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from
       the said mortgage and clear of and from all incumbrances created by the plaintiff or any person
       claiming under him or any person under whom he claims, and also free from all liability
       whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the
       defendant No……… (who has made the payment) quiet and peaceable possession of the said
       property.
        (Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be
   due to defendant No. 2 with such variations as may be necessary having regard to the nature of his
                                                                     e
   mortgage).
                                                               od
    4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount
                                                        aC
due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree—
         (i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only
                                                    di
    remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and
    severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem
                                               In
    the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to
    the plaintiff quiet and peaceable possession of the said property; or
         (ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof
    shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such
    officer as it appoints, all documents in his possession or power relating to the mortgaged property;
    and
         (iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised by
    such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of
    the sale) in payment of the amount payable to the plaintiff under this decree and under any further
    orders that may have been passed in this suit and in payment of the amount which the Court may
    adjudge due to the plaintiff 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 applied in payment of the amount due to defendant No. 2; and that if any
    balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same;
    and
         (iv) that, if the money realised by such sale shall not be sufficient for payment in full of the
    amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as
    the case may be, shall be at liberty (when such remedy is open under the terms of their respective
    mortgages and is not barred by any law for the time being in force) to apply for a personal decree
    against defendant No. 1 for the amounts remaining due to them respectively.



 * Words not required to be deleted.




                                                     286

Compare original page image