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
(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 re-transfer 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.
1.
2.
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.
