Decree against Mortgagor Personally for Balance after the Sale of the
Mortgaged Property (Order Xxxiv, Rules 6 and 8a).
reading the application of the mortgagee (the plaintiff or defendant, as the
case may be) and reading the final decree passed in the suit on the day of and
the Court being satisfied that the net proceeds of the sale held under the
aforesaid final decree amounted to Rs............ And have been paid to the
applicant out of the Court on the day of and that the balance now due to him
under the aforesaid decree is Rs.............;
whereas it appears to the Court that the said sum is legally recoverable from
the mortgagor (plaintiff or defendant, as the case may be) personally;
is hereby ordered and decreed as follows:-
the mortgagor (plaintiff or defendant, as the case may be) do pay to the
mortgagee (defendant or plaintiff, as the case may be) the said sum of
Rs.............. With further interest at the rate of six per cent, per annum
from the day of (the date of payment out of Court referred to above) up to the
date of realisation of the said sum, and the costs of this application.