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The Code of Civil Procedure, 1908: page 290

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 290, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         (ii) that, if the money realised by such sale shall not be sufficient for payment in full of the
    amount due in respect of defendant No. 2’s mortgage or the plaintiff'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 defendant 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. 11
                                      PRELIMINARY DECREE FOR SALE
    Plaintiff         .        .      .       .         .     .       .      Sub or derivative mortgagee,
                                                       vs.
    [Defendant No. 1           .      .       .         .     .       .      Mortgagor,
    Defendant No. 2            .      .       .         .     .       .      Original Mortgagee.]

                                                   (Order XXXIV, rule 4)   e
                                                          (Title)    od
    This suit coming on the ………….…….. day, etc.; It is hereby declared that the amount due to
                                                                    aC
defendant No. 2 on his mortgage 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
                                                              di
of Rs. …………….. for costs, charges and expenses (other than the costs of the suit) in respect of the
mortgage-security together with interest thereon and the sum of Rs. …………… for the costs of the suit
                                                         In
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. 2 to the
plaintiff in respect of his mortgage.)
     2. And it is hereby ordered and decreed as follows:—
          (i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any
     later date of up to which time for payment may be extended by the Court the said sum of Rs. ……….
     due to defendant No. 2;
    (Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2
being at liberty to pay such amount.)
          (ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the
     manner prescribed in clause 2 (i) 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 and defendant No. 2 shall bring into Court all documents in their possession or power
     relating to the mortgaged property in the plaint mentioned, and all such documents (except such as
     relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he
     appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant
     No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or
     any person claiming under him or any person under whom he claims, and free from all liability
     arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and
     peaceable possession of the said property; and

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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