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The Code of Civil Procedure, 1908: page 291

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 291, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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        (iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2
    the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together
    with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under
    rule 10, together with such subsequent interests 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 then be
    paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the
    sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of
    the mortgage and is not barred by any law for the time being in force) to apply for a personal decree
    against as defendant No. 2 for the amount of the balance.
     3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this
suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc.,
[as in sub-clause (ii) of clause 2].
    4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2
as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being
made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the
purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it
appoints, all documents in their possession or power relating to the mortgaged property.
    5. And it is hereby further ordered and decreed 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
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amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges
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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
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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 defendant No. 1 or other persons entitled to receive the same.
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   6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
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sufficient for payment in full of the amounts payable 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 (if such remedy is open under
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. 2 or defendant No. 1 (as the case may be) for the amount of the balance.
    7. And it is hereby further ordered and decreed 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 payment of the
amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree
for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced
according to the nature of defendant No. 2’s mortgage and the remedies open to him thereunder).
   8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court 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.)
                                                   No. 12
                               DECREE FOR RECTIFICATION OF INSTRUMENT
                                               (Title)
    IT is hereby declared that ……………. , dated the ……………. day of …………… 20 ….... , does
not truly express the intention of the parties to such …………………….
    And it is decreed that the said ……………….. be rectified by …………………..
    Here insert name of proper officer.




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