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The Code of Civil Procedure, 1908: page 289

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 289, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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        (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 defendant No. 2 shall produce before the Court
    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 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 defendant No. 2 under the decree and any further orders that may
   be passed in this suit and in payment of the amount which the Court may adjudge due to defendant No.
   2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to plaintiff
   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 applied in
   payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid
   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 defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff 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.
   5. And it is hereby further ordered and decreed,—                  e
                                                                od
        (a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to
   defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall
                                                         aC
   be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply
   for final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)—
                                                     di
              *[(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
                                                In
        shall, if so required, deliver up to the plaintiff 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 the plaintiff 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 therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in
   respect of defendant No. 2’s mortgage and the cost 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 the balance, if any, shall then be applied in payment of the amount adjudged due to the
   plaintiff in respect of his own mortgage under this decree and any further orders that may be passed
   and in payment of the amount which the Court may adjudge due in respect of such costs of the suit
   and such costs, charges and expenses as may by payable to the plaintiff 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 paid to defendant No. 1 or
   other persons entitled to receive the same; and



   * Words not required to be deleted




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