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The Code of Civil Procedure, 1908: page 288

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 288, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                    (Title)
    The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2
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) properly incurred by
defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for
the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ……………….
     (Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the
plaintiff 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 defendant No. 2 is entitled to payment of the amount due to him in
priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are
entitled in 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 the plaintiff or defendant No. 1 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 extended by the Court the
    said sum of Rs. ………………. due to defendant No. 2; and
                                                                     e
                                                               od
        (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 the plaintiff; and                   aC
         (ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No. 1 or
                                                    di
    either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as
                                                In
    the Court may fix of such amount as the Court may adjudge due 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, defendant No. 2 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 defendant No. 1 (whoever made the payment), or to such person as he appoints,
    and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said
    mortgage and clear of and from all incumbrances created by defendant No. 2 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 plaintiff or defendant No. 1
    (whoever 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 due the
plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)

    4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount
due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed
or for a final decree—

        (i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only
    remedy provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant
    No. 1 jointly and severally 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 to the defendant No. 2 quiet and peaceable possession of the said property; or

* Words not required to be deleted.




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