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The Code of Civil Procedure, 1908: page 287

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 287, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     5. And it is hereby further ordered and decreed—
          (a) that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the
     plaintiff, but defendant No. 1 makes default in the payment of the said amount, defendant No. 2 shall
     be at liberty to apply to the Court to keep the plaintiff’s mortgage alive for his benefit and to apply for
     a final decree (in the same manner as the plaintiff might have done under clause 4 above)—
               *[(i) that defendant No. 1 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 defendant No. 2 quiet and peaceable possession of the said
          property;] or
               *[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes
          of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all
          documents in his possession or power relating to the mortgaged property;] and
         (b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
     whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of
     defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
   6. And it is hereby further ordered and decreed *[in the case where a sale is ordered under clause 5
above]—
          (i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction
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     therefrom of the expenses of the sale) first in payment of the amount paid by defendant No. 2 in respect
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     of the plaintiff’s mortgage and the costs of the suit in connection therewith and in payment of the
     amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that
                                                                    aC
     the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in
     respect of his own mortgage under this decree and any further orders that may be passed and in payment
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     of the amount which the Court may adjudge due in respect of such costs of this suit and such costs,
     charges and expenses as may be payable to defendant No. 2 under rule 10, together with such
                                                         In
     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 defendant No. 1 or other persons
     entitled to receive the same; and
          (ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due
     in respect of the plaintiff’s mortgage or defendant No. 2’s mortgage, defendant No. 2 shall be at liberty
     (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the
     time being in force) to apply for a personal decree against No. 1 for the amount of the balance.
    7. And it is hereby further ordered and decreed 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. 10
      PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON
                                                    SUBSEQUENT MORTGAGE
[Plaintiff          .         .         .       .         .              .    .        2nd Mortgagee,
                                                                        vs.
Defendant No. 1.              .         .       .         .              .    .        Mortgagor,
Defendant No. 2               .         .       .         .              .     .       1st Mortgagee].
                                              (Order XXXIV, rules 2, 4, and 7)

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


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