Preliminary Decree For Redemption Where on Default of Payment by Mortgagor a Decree for Sale is (Order XXXIV, Rule 7) ( Where The Court Declares The Amount Due.) Passed [CD1]
(Title)
1.
This suit coming on this day, etc.; It is
hereby declared that the amount due to the defendant 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 the defendant in respect of the mortgage-security
together with interest thereon, and the sum of Rs........... For the cost of
this suit awarded to the defendant, making in all the sum of Rs.
............
2.
And it is hereby ordered and decreed as
follows:-
i.
that the plaintiff do pay into Court on or
before the day of or any later date up to which time the payment may be
extended by the Court the said sum of Rs...............;
ii.
that, on such payment 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 defendant 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 such person as he appoints, and the defendant shall, if so
required, recovery or retransfer the said property to the plaintiff free from
the said mortgage and clear of and from all in cumbrances created by the
defendant or any person claiming under or any person under whom he claims and
shall, if so required, deliver up to the plaintiff quiet and peaceable
possession of the said property.
3.
And it is hereby further ordered and decree
that, in default of payment as aforesaid, the defendant may apply to the Court
for a final decree for the sale of the mortgaged property; and on such
application being made, the mortgaged property or a sufficient part thereof
shall be directed to be sold; and for the purposes of such sale the defendant
shall produce before the Court or such officer as it appoints all documents in
his possession or power relating to the mortgaged property.
4.
And it is hereby further ordered and decree
that the money realised by such sale shall be paid into Court and shall be duly
applied (after deduction there from of the expenses of the sale) in payment of
the amount payable to the defendant under this decree and under any further
orders that may be passed in this suit and in payment of any amount which the
Court may adjudge due to the defendant 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, 1903, and that the balance, if
any, shall be paid to the plaintiff or other persons entitled to the same.
5.
And it is hereby further ordered and decreed
that, if the money realised by such sale shall not be sufficient for the
payment in full of the amount payable to the defendant as aforesaid, the
defendant shall e at liberty (where such remedy is open to him under 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 the plaintiff for the amount of the
balance; and 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.
[CD1]Preliminary Decree For Redemption Where on Default of Payment by Mortgagor
a Decree for Sale is (Order XXXIV, Rule 7) ( Where The Court Declares The
Amount Due.) Passed
 ( Where The Court Declares The Amount Due.) Passed ){kind=link}
0 Comments
Thank you for your response. It will help us to improve in the future.