Code of Civil Procedure, 1908 Appendix D

Plaintiff				Defendant
	Rs.	A.	P.		Rs.	A.	P.
1. Stamp for plaint.....				Stamp for Power.......
2. Stamp for power.....				Stamp for petition.....
3. Stamp for exhibits...				Pleader's fee..........
4. Pleader's fee on Rs..				Subsistence for........ witnesses
5. Subsistence for...... witnesses				Service of process....
6. Commissioner's fee..				Commissioner's fee....
7. Service for process..

No. 2

simplemoney decree

(Section 34)

(Title)

Claimfor....................................................................................................

This suit coming on this day forfinal disposal before.....................in the presence of ..................... for the plaintiff and of..................... for the defendant; It is ordered that the ..................... do pay to the .....................the sum of Rs. ..................... with interest thereon at the rate of..................... per cent perannum from ..................... to the date of realization of the said sum and do also payRs. ......................... the costs of this suit, with interest thereon at the rate of..................... per cent per annum from this date to the date of realization.

given under myhand and the seal of this Court, this.....................day of.....................19....../20.........

Judge.

Costs of Suit

¹ [No. 3

preliminarydecree for foreclosure

(OrderXXXIV, rule 2--Whereaccounts are directed to be taken.)

(Title)

(1)This suit coming on this .....................day,etc.; It is hereby ordered anddecreed that it be referred to ..................... as the Commissioner to take the accountsfollowing :--

(i) anaccount of what is due on this date to the plaintiff for principal and intereston his mortgage mentioned in the plaint (such interest to be computed at therate payable on the principal or where no such rate is fixed, at six per centper annum or at such rate as the Court deems reasonable);

(ii) anaccount of the income of the mortgaged property received up to this date by theplaintiff or by any other person by the order or for the use of the plaintiffor which without the wilful default of the plaintiff or such person might havebeen so received;

(iii)an account of all sums of money properly incurred by the plaintiff upto this date for costs, charges and expenses (other than the costs of the suit)in respect of the mortgage-security, together with interest thereon (suchinterest to be computed at the rate agreed between the parties, or, failingsuch rate, at the same rate as is payable on the principal, or, failing bothsuch rates, at nine per cent per annum);

(iv) anaccount of any loss or damage caused to the mortgaged property before this dateby any act or omission of the plaintiff which is destructive of, or permanentlyinjurious to, the property or by his failure to perform any of the dutiesimposed upon him by any law for the time being in force or by the terms of themortgage-deed.

2. And it is hereby furtherordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interestthereon, shall first be adjusted against any sums paid by the plaintiff underclause (iii) together withinterest thereon, and the balance, if any, shall be added to the mortgage-moneyor, as the case may be, be debited in reduction of the amount due to theplaintiff of account of interest on the principal sum adjudged due andthereafter in reduction or discharge of the principal.

3. And it is hereby furtherordered that the said Commissioner shall present the account to this Court withall convenient despatch after making all just allowances on or before the..................... day of ..................... and that upon such report of the Commissioner beingreceived, it shall be confirmed and countersigned, subject to suchmodifications as may be necessary after consideration of such objections as theparties to the suit may make.

4. And it is hereby furtherordered and decreed--

(i) that thedefendant do pay into Court on or before the ..................... day of ..................... or anylater date up to which time for payment may be extended by the Court, such sumas the Court shall find due, and the sum of Rs. ..................... for the costs of thesuit awarded to the plaintiff.

(ii) that, onsuch payment and on payment thereafter before such date as the Court may fix ofsuch amount as the Court may adjudge due in respect of such costs of the suitand such costs, charges and expenses as may be payable under rule 10, togetherwith such subsequent interest as may be payable under rule 11, of Order XXXIVof the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shallbring into Court all documents in his possession or power relating to themortgaged property in the plaint mentioned, and all such documents shall bedelivered over to the defendant, or to such person as he appoints, and theplaintiff shall, if so required, re-convey or re-transfer the said propertyfree from the said mortgage and clear of and from all incumbrances created bythe plaintiff or any person claiming under him or any person' under whom heclaims and free from all liability whatsoever arising from the mortgage or thissuit and shall, if so required, deliver up to the defendant quiet and peaceablepossession of the said property.

5. And it is hereby further orderedand decreed that, in default of payment as aforesaid, the plaintiff shall be atliberty to apply to the Court for a final decree that the defendant shallthenceforth stand absolutely debarred and foreclosed of and from all right toredeem the mortgaged property described in the schedule annexed hereto andshall, if so required, deliver up to the plaintiff quiet and peaceablepossession of the said property; and that the parties shall be at liberty toapply to the Court from time to time as they may have occasion, and on suchapplication or otherwise the Court may give such directions as it thinks fit.]

Schedule

(Descriptionof the mortgaged property)

¹ [No.3A

preliminary decree for foreclosure

(OrderXXXIV, rule 2.-Wherethe Court declares the amount due.)

(Title)

This suit coming on this .....................day, etc.; It is herebydeclared that the amount due to the plaintiff on his mortgage mentioned in theplaint calculated up to this ..................... day of ..................... is the sum ofRs. .....................for principal, the sum of Rs. ..................... for interest on the said principal, thesum of Rs. ..................... for costs, charges and expenses (other than the costs of thesuit) properly incurred by the plaintiff in respect of the mortgage-security,together with interest thereon, and the sum of Rs. ..................... for the costs ofthis suit awarded to the plaintiff, making in all the sumof Rs. .....................

2. And it is hereby ordered anddecreed as follows : -

(i) that the defendant do pay into Court on or before the.....................day of..................... or any later date up to which time for payment may be extended bythe Court of the said sum of Rs. ............;

(ii) that, onsuch payment and on payment thereafter before such date as the Court may fix ofsuch amount as the Court may adjudge due in respect of such costs of the suitand such costs, charges and expenses as may be payable under rule 10, togetherwith such subsequent interest as may be payable under rule 11, of Order XXXIVof the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shallbring into Court all documents in his possession or power relating to themortgaged property in the plaint mentioned, and all such documents shall bedelivered over to the defendant, or to such person as he appoints and theplaintiff shall, if so required, re-convey or re-transfer the said propertyfree from the said mortgage and clear of and from all incumbrances created bythe plaintiff or any person claiming under him or any person under whom heclaims and free from all liability whatsoever arising from the mortgage or thissuit and shall, if so required, deliver up to the defendant quiet and peaceablepossession of the said property.

3. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the plaintiff mayapply to the Court for a final decree that the defendant shall thenceforthstand absolutely debarred and foreclosed of and from all right to redeem themortgaged property described in the Schedule annexed hereto and shall, if sorequired, deliver up to the plaintiff quiet and peaceable possession of thesaid property ; and that the parties shall be at liberty to apply to the Courtfrom time to time as they may have occasion, and on such application orotherwise the Court may give such directions as it thinks fit.

Schedule

(Description of the mortgaged property)

¹ No. 4

finaldecree for foreclosure

(OrderXXXIV, rule 3.)

(Title)

Upon reading the preliminarydecree passed in this suit on the..................... day of ..................... and further orders (ifany) dated the ..................... day of ..................... and the application of the plaintiffdated the ..................... day of ..................... for a final decree and after hearing theparties and it appearing that the payment dierceted by the said decree andorders has not been made by the defendant or any person on his behalf or anyother person entitled to redeem the said mortgage :

Itis hereby ordered and decreed that the defendant and all persons claimingthrough or under him be and they are hereby absolutely debarred and foreclosedof and from all right of redemption of and in the property in the aforesaidpreliminary decree mentioned : [and (if the defendant be in possession of the said mortgaged property) thatthe defendant shall deliver to the plaintiff quiet and peaceable possession ofthe said mortgaged property.]

2.And it is hereby further declared that the whole of the liability whatsoever ofthe defendant up to this day arising from the said mortgage mentioned in theplaint or from this suit is hereby discharged and extinguished.

*Words not required to be deleted.

No.5

preliminarydecree for sale

(OrderXXXIV, rule 4-Whereaccounts are directed to be taken.)

(Title)

This suit coming onthis.....................day, etc.; It ishereby ordered and decreed that it be referred to.....................as theCommissioner to take the accounts following :--

(i) an account of what is due on this date to the plaintiff forprincipal and interest on his mortgage mentioned in the plaint (such interestto be computed at the rate payable on the principal or where no such rate isfixed, at six per cent per annum or at such rate as the Court deemsreasonable);

(ii) an accountof the income of the mortgaged property received up to this date by theplaintiff or by any other person by the order or for the use of the plaintiffor which without the wilful default of the plaintiff or such person might havebeen so received ;

(iii) an accountof all sums of money properly incurred by the plaintiff up to this date forcosts, charges and expenses (other than the costs of the suit) in respect ofthe mortgage-security, together with interest thereon (such interest to becomputed at the rate agreed between the parties, or, failing such rate, at thesame rate as is payable on the principal, or, failing both such rates, at nineper cent per annum) ;

(iv) an account of any loss or damage caused to the mortgagedproperty before this date by any act or omission of the plaintiff which isdestructive of, or permanently injurious to, the property or by his failure toperform any of the duties imposed upon him by any law for the time being inforce or by the terms of the mortgage-deed.

2. And it is hereby furtherordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interestthereon, shall first be adjusted against any sums paid by the plaintiff underclause (iii), together withinterest thereon, and the balance, if any, shall be added to the mortgage-moneyor, as the case may be, be debited in reduction of the amount due to theplaintiff on account of interest on the principal sum adjudged due andthereafter in reduction or discharge of the principal.

3. And it is hereby furtherordered that the said Commissioner shall present the account to this Court withall convenient dispatch after making all just allowances on or before the..................... day of ..................... and that upon such report of the Commissioner beingreceived, it shall be confirmed and counter-signed, subject to suchmodification as may be necessary after consideration of such objections as theparties to the suit may make.

4. And it is hereby furtherordered and decreed--

(i)that the defendant do pay into Court on or before the ..................... dayof..................... or any later date up to which time for payment may be extended bythe Court, such sum as the Court shall find due and the sum of Rs.......................... for the costs of the suit awarded to the plaintiff ;

(ii) that, on such payment and on payment thereafter before suchdate as the Court may fix of such amount as the Court mayadjudge 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 OrderXXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bringinto Court all documents in his possession or power relating to the mortgaged property in theplaint mentioned, and all such documents shall be delivered over to the defendant, or tosuch person as he appoints, and the plaintiff shall, if so required, re-convey or re-transferthe said property free from the mortgage and clear of and from all incumbrances created by theplaintiff of any person claiming under him or any person under whom he claims and shall,if so required, deliver up to the defendant quiet and peaceable possession ofthe said property.

5. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the plaintiff mayapply 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 partthereof shall be directed to be sold ; and for the purposes of such sale theplaintiff shall produce before the Court, or such officer as it appoints, alldocuments in his possession or power relating to the mortgaged property.

6. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid intoCourt and shall be duly applied (after deduction therefrom of the expenses ofthe sale) in payment of the amount payable to the plaintiff under this decreeand under any further orders that may be passed in this suit and in payment ofany amount which the Court may adjudge due to the plaintiff in respect of suchcosts of the suit, and such costs, charges and expenses as may be payable underrule 10, together with such subsequent interest as may be payable under rule11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,and that the balance, if any, shall be paid to the defendant or other personsentitled to receive the same.

7. And it is hereby furtherordered and decreed that, if the money realised by such sale shall not besufficient for payment in full of the amount payable to the plaintiff asaforesaid, the plaintiff shall be at liberty (where such remedy is open to himunder the terms of his mortgage and is not barred by any law for the time beingin force) to apply for a personal decree against the defendant for the amountof the balance ; and that the parties are at liberty to apply to the Court fromtime to time as they may have occasion, and on such application or otherwisethe Court may give such directions as it thinks fit.

Schedule

(Descriptionof mortgaged property).]

¹ [No.5A

preliminarydecree for sale

(OrderXXXIV, rule 4-When theCourt declares the amount due.)

(Title)

This suit coming on this .....................day, etc.; It is herebydeclared that the amount due tp the plaintiff on the mortgage mentioned in theplaint calculated up to this..................... day of ..................... is the sum of Rs. .....................for principal, the sum of Rs. ...................... for interest on the said principal, the sumof Rs. .......................... for costs, charges and expenses (other than the costs ofthe suit) properly incurred by the plaintiff in respect of themortgage-security, together with interest thereon, and the sum of Rs. .....................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs. .....................

2. And it is hereby ordered anddecreed as follows :--

(i) that the defendant do pay into Court on or before the ..................... dayof..................... or any later date up to which time for payment may be extended bythe Court, the said sum of Rs. .....................

(ii) that,on such payment and on payment thereafter before such date as the Court may fixof such amount as the Court may adjudge due in respect of such costs of thesuit 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, ofOrder XXXIV of the First Schedule to the Code of Civil Procedure, 1908, theplaintiff shall bring into Court all documents in his possession or power relatingto the mortgaged property in the plaint mentioned, and all such documents shallbe delivered over to the defendant, or to such person as he appoints, and theplaintiff shall, if so required, re-convey or re-transfer the said properlyfree from the said mortgage and clear of and from all incumbrances created bythe plaintiff or any person claiming under him or any person under whom heclaims and shall, if so required deliver up to the defendant quiet andpeaceable possession of the said property.

3. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the plaintiff mayapply 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 partthereof shall be directed to be sold ; and for the purposes of such sale theplaintiff shall produce before the Court or such officer as it appoints alldocuments in his possession or power relating to the mortgaged property.

4. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid intoCourt and shall be duly applied (after deduction therefrom of the expenses ofthe sale) in payment of the amount payable to the plaintiff under this decreeand under any further orders that may be passed in this suit and in payment ofany amount which the Court may adjudge due to the plaintiff in respect of suchcosts of the suit, and such costs, charges and expenses as may be payable underrule 10, together with such subsequent interest as may be payable under rule11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,and that the balance, if any, shall be paid to the defendant or other personsentitled to receive the same.

5. And it is hereby furtherordered and decreed that, if the money realised by such sale shall not besufficient for payment in full of the amount payable to the plaintiff asaforesaid, the plaintiff shall be at liberty (where such remedy is open to himunder the terms of his mortgage and is not barred by any law for the time beingin force) to apply for a personal decree against the defendant for the amountof the balance ; and that the parties are at liberty to apply to the Court fromtime to time as they may have occasion, and on such application or otherwisethe Court may give directions as it thinks fit.

Schedule

(Description of the mortgagedproperty).]

¹ [No. 6

finaldecree for sale

(OrderXXXIV, rule 5)

(Title)

Upon reading the preliminarydecree passed in this suit on the ..................... day of .....................and further orders (ifany) dated the ..................... day of ..................... and the application of the plaintiffdated the ..................... day of ..................... for a final decree and after hearing theparties and it appearing that the payment directed by the said decree andorders has not been made by the defendant or any person on his behalf of anyother person entitled to redeem the mortgage;

It is hereby ordered and decreedthat the mortgaged property in the aforesaid preliminary decree mentioned or asufficient part thereof be sold, and that for the purposes of such sale theplaintiff shall produce before the Court or such officer as it appoints alldocuments in his possession or power relating to the mortgaged property.

2. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid into theCourt and shall be duly applied (after deduction therefrom of the expenses ofthe sale) in payment of the amount payable to the plaintiff under the aforesaidpreliminary decree and under any further orders that may have been passed inthis suit and in payment of any amount which the Court may have adjudged due tothe plaintiff for such costs of the suit including the costs of this applicationand such costs, charges and expenses as may be payable under rule 10, togetherwith such subsequent interest as may be payable under rule 11, of Order XXXIVof the First Schedule to the Code of Civil Procedure, 1908 and that thebalance, if any, shall be paid to the defendant or other persons entitled toreceive the same.

No. 7

preliminarydecree for redemption where on default of payment by mortgagora decree for foreclosure is passed

(OrderXXXIV, rule 7-Whereaccounts are directed to be taken)

(Title)

This suit coming on this .....................day, etc.; It is hereby orderedand decreed that it be referred to. .................. as the Commissioner to take theaccount following:-

(i) an account of what is due onthis date to the defendant for principal and interest on the mortgage mentionedin the plaint (such interest to the computed at the rate payable on theprincipal or where no such rate is fixed, at six per cent per annum or at suchrate as the Court deems reasonable) ;

(ii) an account of the income of the mortgaged property received upto this date by the defendant or by any other person by order or for the use ofthe defendant or which without the wilful default of the defendant or suchperson might have been so received;

(iii) an account of all sums ofmoney properly incurred by the defendant up to this date for costs, charges andexpenses (other than the costs of the suit) in respect of the mortgage-securitytogether with interest thereon (such interest to be computed at the rate agreedbetween the parties, or, failing such rate, at the same rate as is payable onthe principal, or, failing both such rates, at nine per cent per annum) ;

(iv) an account of any loss or damage caused to the mortgagedproperty before this date by any act or omission of the defendant which isdestructive of, or permanently injurious to, the property or by his failure toperform any of the duties imposed upon him by any law for the time being inforce or by the terms of the mortgage-deed.

2. It is hereby further orderedand decreed that any amount received under clause (ii) or adjudged due underclause (iv) above, togetherwith interest thereon, shall be adjusted against any sums paid by the defendantunder clause (iii) together with interest thereon, and the balance,if any, shall be added to the mortgage-money, or, as the case may be, be debitedin reduction of the amount due to the defendant on account of interest on theprincipal sum adjudged due and thereafter in reduction or discharge of theprincipal.

3. And it is hereby furtherordered that the said Commissioner shall present the account to this Court withall convenient despatch after making all just allowances on or before the.....................day of ..................... and that upon such report of the Commissioner beingreceived, it shall be confirmed and countersigcnd, subject to such modificationas may be necessary after consideration of such objections as the parties tothe suit may make.

4. And it is hereby furtherordered and decreed--

(i) that the plaintiff do pay into Court on or before the..................... day of..................... or any later date up to which time for payment may be extended by theCourt, such sum as the Court shall find due and the sum of Rs. ..................... forthe costs of the suit awarded to the defendant ;

(ii) that, on such payment, and on payment thereafter before suchdate as the Court may fix of such amount as the Court may adjudgedue in respect of such costs of the suit and such costs, charges and expensesas may be payable under rule 10, together with such subsequent interest as maybe payable under rule 11, of Order XXXIV of the First Schedule to the Code ofCivil Procedure, 1908, the defendant shall bring into Court all documents inhis possession or power relating to the mortgaged property in the plaintmentioned, and all such documents shall be delivered over to the plaintiff, orto such person as he appoints, and the defendant shall, if so required,re-convey or re-transfer the said property free from the said mortgage andclear of and from all incumbrances created by the defendant or any personclaiming under him or any person under whom he claims and free from allliability whatsoever arising from the mortgage or this suit and shall, if sorequired, deliver up to the plaintiff quiet and peaceable possession of thesaid property.

5. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the defendantshall be at liberty to apply to the Court for a final decree that the plaintiffshall thenceforth stand absolutely debarred and foreclosed of and from allright to redeem the mortgaged property described in the Schedule annexed heretoand shall, if so required, deliver up to the defendant quiet and peaceablepossession of the said property; and that the parties shall be at liberty toapply to the Court from time to time as they may have occasion, and on suchapplication or otherwise the Court may give such directions as it thinks fit.

Schedule

(Descriptionof the mortgaged property).]

¹ [No. 7A

preliminarydecree for redemption where on default of payment by mortgagora decree for sale is passed

(OrderXXXIV, rule 7.--Whereaccounts are directed to be taken.)

(Title)

This suit coming on this .....................day, etc.; It is hereby orderedand decreed that it be referred to ..................... as the Commissioner to take theaccounts following:-

(i) an account of what is due onthis date to the defendant for principal and interest on the mortgage mentionedin the plaint (such interest to be computed at the rate payble on the principalor where no such rate is fixed, at six per cent per annum or at such rate asthe Court deems reasonable);

(ii) an accountof the income of the mortgaged property received up to this date by thedefendant or by any other person by the order or for the use of the defendantor which without the wilful default of the defendant or such person might havebeen so received;

(iii) an account of all sums ofmoney property incurred by the defendant up to this date for costs, charges andexpenses (other than the costs of the suit) in respect of the mortgage-securitytogether with interest thereon (such interest to be computed at the rate agreedbetween the parties, or, failing such rate, at the same rate as is payable onthe principal, or, failing both such rates, at nine per cent. per annum);

(iv) an account of any loss ordamage caused to the mortgaged property before this date by any act or omissionof the defendant which is destructive of, or permanently injurious to, theproperty or by his failure to perform any of the duties imposed upon him by anylaw for the time being in force or by the terms of the mortgaged-deed.

2.And it is hereby further ordered and decreed that any amount received underclause (ii) or adjudged due under clause (iv) above, together with interestthereon, shall first be adjusted against any sums paid by the defendant underclause (iii) together with interest thereon,and the balance, if any, shall be added to the mortgage-money, or, as the casemay be, be debited in reduction of the amount due to the defendant on account ofinterest on the principal sum adjudged due and thereafter in reduction ordischarge of the principal.

3. And it is hereby furtherordered that the said Commissioner shall present the account to this Court withall convenient despatch after making all just allowances on or before the .....day of ..... and that, upon such report of the Commissioner being received, itshall be confirmed and countersigned, subject to such modification as may benecessary after consideration of such objections as the parties to the suit maymake.

4. And it is hereby furtherordered and decreed-

(i) that the plaintiff do payinto Court on or before the ..... day of ..... or any later date up to whichtime for payment may be extended by the Court, such sum as the Court shall finddue and the sum of Rs. ..... for the costs of the suit awarded to the defendant;

(ii) that, or such payment andon payment thereafter before such date as the Court may fix of such amount asthe 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 suchsubsequent interest as may be payable under rule 11, of Order XXXIV of theFirst Schedule to the Code of Civil Procedure, 1908, the defendant shall bringinto Court all documents in his possession or power relating to the mortgagedproperty in the plaint mentioned, and all such documents shall be deliveredover to the plaintiff, or to such person as he appoint, and the defendantshall, if so required, re-convey or re-transfer the said property free from thesaid mortgage and clear of and from all incumbrances created by the defendantor any person claiming under him or any person under whom he claims and shall,if so required, deliver up to the plaintiff quiet and peaceable possession ofthe said property.

5. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the defendant mayapply to the Court for a final decree for the sale of the mortgaged property ;and on such application being made, the mortgaged property of a sufficient partthereof shall be directed to be sold ; and for the purposes of such sale thedefendant shall produce before the Court or such officer as it appoints, alldocuments in his possession or power relating to the mortgaged property.

6. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid intoCourt and shall be duly applied (after deduction therefrom of the expenses ofthe sale) in payment of the amount payable to the defendant under this decreeand under any further orders that may be passed in this suit and in payment ofany amount which the Court may adjudge due to the defendant in respect of suchcosts of the suit and such costs, charges and expenses as may be payable underrule 10, together with such subsequent interest as may be payable under rule11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,and that the balance, if any, shall be paid to the plaintiff or other personsentitled to receive the same.

7. And it is hereby furtherordered and decreed that, if the money realised by such sale shall not besufficient for payment in full of the amount payable to the defendant asaforesaid, the defendant shall be at liberty (where such remedy is open to himunder the terms of his mortgage and is not barred by any law for the timebeing- in force) to apply for a personal decree against the plaintiff for theamount of the balance ; and that the parties are at liberty to apply to theCourt from time to time as they may have occasion, and on such application orotherwise the Court may give such directions as it thinks fit.

Schedule

(Descriptionof the mortgaged properly).]

¹ [No. 7B

preliminarydecree for redemption where on default of payment by mortgagor a decree forforeclosure is passed

(OrderXXXIV, rule 7.-Where theCourt declares the amount due.)

(Title)

This suit coming on this .....day, etc.; It is herebydeclared that the amount due to the defendant on the mortgage mentioned in theplaint calculated up to this ..... day of ..... is the sum of Rs. ..... forprincipal, the sum of Rs. ..... for interest on the said principal, the sum ofRs. ..... for costs, charges and expenses (other than the costs of the suit)properly incurred by the defendant in respect of the mortgage-security togetherwith interest thereon, and the sum of Rs. ..... for the costs of the suitawarded to the defendant, making in all the sum of Rs. .....

2. And it is hereby ordered anddecreed as follows:--

(i) that the plaintiff do payinto Court on or before the ..... day of ..... or any later date up to whichtime for payment may be extended by the Court the said sum of Rs. .....;

(ii) that, on such payment andon payment thereafter before such date as the Court may fix of such amount asthe 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 suchsubsequent interest as may be payable under rule II, of Order XXXIV of theFirst Schedule to the Code of Civil Procedure, 1908, the defendant shall bringinto Court all documents in his possession or power relating to the mortgagedproperty in the plaint mentioned, and all such documents shall be deliveredover to the plaintiff, or to such person as he appoints, and the defendant shall,if so required, re-convey or re-transfer the said property free from the saidmortgage and clear of and from all incumbranccs created by the defendant or anyperson claiming under him or any person under whom he claims, and free from allliability whatsoever arising from the mortgage or this suit and shall, if sorequired, deliver up to the plaintiff quiet and peaceable possession of thesaid property.

3. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the defendant mayapply to the Court for a final decree that the plaintiff shall thenceforthstand absolutely debarred and foreclosed of and from all right to redeem themortgaged property described in the schedule annexed hereto and shall, if sorequired, deliver up to the defendant quiet and peaceable possession of thesaid property; and that the parties shall be at liberty to apply to the Courtfrom time to time as they may have occasion, and on such application orotherwise the Court may give such directions as it thinks fit.

Schedule

(Descriptionof the mortgaged properly).]

¹ [No. 7C

preliminarydecree for redemption where on default of payment by mortgagor a decree for saleis passed

(OrderXXXIV, rule 7.-Where theCourt declares the amount due.)

(Title)

This suit coming on this .....day, etc.; It is herebydeclared that the amount due to the defendant on the mortgage mentioned in theplaint calculated up to this ..... day of ..... is the sum of Rs. ..... forprincipal, the sum of Rs. ..... for interest on the said principal, the sum ofRs. ..... for costs, charges and expenses (other than the costs of the suit)properly incurred by the defendant in respect of mortgage-security togetherwith interest thereon, and the sum of Rs. ..... for the cost of this suitawarded to the defendant, making in all the sum of Rs......

2. And it is hereby ordered anddecreed as follows: -

(i) that the plaintiff do payinto Court on or before the ..... day of ..... or any later date up to whichtime the payment may be extended by the Court the said sum of Rs. .....;

(ii) that, on such payment andon payment thereafter before such date as the Court may fix of such amount asthe 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 suchsubsequent interest as may be payable under rule 11, of Order XXXIV of theFirst Schedule to the Code of Civil Procedure, 1908, the defendant shall bringinto Court all documents in his possession or power relating to the mortgagedproperty in the plaint mentioned, and all such documents shall be deliveredover to the plaintiff or such person as he appoints, and the defendant shall,if so required, re-convey or re-transfer the said property to the plaintifffree from the said mortgage and clear of and from all incumbrances created bythe defendant or any person claiming under him or any person under whom heclaims and shall, if so required, deliver up to the plaintiff quiet and peaceablepossession of the said property.

3. And it is hereby furtherordered and decreed that, in default of payment as aforesaid, the defendant mayapply 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 partthereof shall be directed to be sold ; and for the purposes of such sale thedefendant shall produce before the Court or such officer as it appoints alldocuments in his possession or power relating to the mortgaged property.

4. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid intoCourt and shall be duly applied (after deduction therefrom of the expenses ofthe sale) in payment of the amount payable to the defendant under this decreeand under any further orders that may be passed in this suit and in payment ofany amount which the Court may adjudge due to the defendant in respect of suchcosts of the suit and such costs, charges and expenses as may be payable underrule 10, together with such subsequent interest as may be payable under rule11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908,and that the balance, if any, shall be paid to the plaintiff or other personsentitled to the same.

5. And it is hereby furtherordered and decreed that, if the money realised by such sale shall not besufficient for the payment in full of the amount payable to the defendant asaforesaid, the defendant shall be at liberty (where such remedy is open to himunder the terms of the mortgage and is not barred by any law for the time beingin force) to apply for a personal decree against the plaintiff for the amountof the balance ; and that the parties are at liberty to apply to the Court fromtime to time as they may have occasion, and on such application or otherwisethe Court may give such directions as it thinks fit.

Schedule

(Descriptionof the mortgaged property).]

¹ [No.7D

finaldecree for foreclosure in a redemption suit on default of payment by mortgagor

(OrderXXXIV, rule 8)

(Title)

Upon reading the preliminarydecree in this suit on the ..... day of ..... and further orders (if any) datedthe ..... day of ..... and the application of the defendant dated the ..... dayof ..... for a final decree and after hearing the parties, and it appearingthat the payment as directed by the said decree and orders has not been made bythe plaintiff or any person on his behalf or any other person entitled toredeem the mortgage;

It is hereby ordered and decreedthat the plaintiff and all persons claiming through or under him be and theyare hereby absolutely debarred and foreclosed of an from all right ofredemption of and in the property in aforesaid preliminary decree mentioned ² [and (if the plaintiff be inpossession of the said mortgaged properly) that the plaintiff shalldeliver to the defendant quiet and peaceable possession of the said mortgagedproperty].

2. And it is hereby furtherdeclared that the whole of the liability whatsoever of the plaintiff up to thisday arising from the said mortgage mentioned in the plaint or from this suit ishereby discharge and extinguished.

¹ [No.7E

finaldecree for sale in a redemption suit on default of payment by mortgagor

(OrderXXXIV, rule 8)

(Title)

Upon reading the preliminarydecree passed in this suit on the ..... day of ..... and further orders (ifany) dated the ..... day of ..... and the application of the defendant datedthe ..... day of ..... for a final decree and after hearing the parties and itappearing that the payment directed by the said decree and orders has not beenmade by the plaintiff or any person on his behalf or any other person entitledto redeem the mortgage;

It is hereby ordered and decreedthat the mortgaged property in the aforesaid preliminary decree mentioned or asufficient part thereof be sold and that for the purposes of such sale thedefendant shall produce before the Court, or such officer as it appoints, alldocuments in his possession or power relating to the mortgaged property.

2. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid intoCourt and shall be duly applied (after deduction therefrom of the expenses ofthe sale) in payment of the amount payable to the defendant under the aforesaidpreliminary decree and under any further orders that may have been passed inthis suit and in payment of any amount which the Court may have adjudged due tothe defendant for such costs of this suit including the costs of thisapplication and such costs, charges and expenses as may be payable under rule10, together with the subsequent interest as may be payable under rule 11, ofOrder XXXIV of the First Schedule to the Code of Civil Procedure, 1908, andthat the balance, if any, shall be paid to the plaintiff or other personsentitled to receive the same.]

¹ [No.7F

finaldecree in a suit for foreclosure, sale or redemption where THE mortgagor pays the amount of the decree

(OrderXXXIV, rules 3, 5 and 8)

(Title)

This suit coming on this .....day for further consideration and it appearing that on the ..... day of .....the mortgagor or ..... the same being a person entitled to redeem, has paidinto Court all amounts due the mortgagee under the preliminary decree dated the..... day of .....; It is hereby ordered and decreed that:--

(i) the mortgagee do execute adeed of re-conveyance of the properly in the aforesaid preliminary decreementioned in favour of the mortgagor [or, as the case may be, ..... who hasredeemed the property] or an acknowledgment of the payment of the amount due inhis favour ;

(ii) the mortgagee do bring intoCourt all documents in his possession and power relating to the mortgagedproperty in the suit.

And it is hereby further orderedand decreed that, upon the mortgagee executing the deed of re-conveyance oracknowledgment in the manner aforesaid,-

(i) the said sum of Rs. ..... bepaid out of Court to the mortgagee ;

(ii) the saiddeeds and documents brought into the Court be delivered out of Court to themortgagor ² [or the person making the payment] and the mortgagee do,when so required, concur in registering, at the cost of the mortgagor [or otherperson making the payment], the said deed of re-conveyance or theacknowledgment in the office of the Sub-registrar of .....; and

(iii) ² [if the mortgagee, plaintiff ordefendant, as the case may be, is in possession of the mortgaged property] thatthe mortgagee do forthwith deliver possession of the mortgaged properly in theaforesaid preliminary decree mentioned to the mortgagor ² [or suchperson as aforesaid who has made the payment].

¹ [No. 8

decreeagainst mortgagor personally for balance after the sale of THE mortgagedproperty

(OrderXXXIV, rules 6 and 8A)

(Title)

Upon reading the application ofthe mortgagee (the plaintiff or defendant, as the case may be) and reading thefinal decree passed in the suit on the ..... day of ..... and the Court beingsatisfied that the net proceeds of the sale held under the aforesaid finaldecree amounted to Rs. ..... and have been paid to the applicant out of theCourt on the ...... day of ..... and that the balance now due to him under theaforesaid decree is Rs. .....;

And whereas it appears to theCourt that the said sum is legally recoverable from the mortgagor (plaintiff ordefendant, as the case may be) personally;

It is hereby ordered and decreedas follows:--

That the mortgagor (plaintiff ordefendant, 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 rateof six per cent per annum from the ..... day of ..... (the date of payment outof Court referred to above) up to the date of realisation of the said sum, andthe costs of this application.]

¹ [No. 9

preliminarydecree for foreclosure of sale

[Plaintiff. . . . . . . . . . . . . 1st Mortgagee,

Versus

Defendant No. 1 . . . . . . . Mortgagor,

Defendant No. 2 . . . . . . . 2nd Mortgagee.]

(OrderXXXIV, rules 2 and 4)

(Title)

The suit coming on this .....day, etc; It is hereby declaredthat the amount due to the plaintiff on the mortgage mentioned in the plaintcalculated 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) incurred bythe plaintiff in respect of the mortgage-security with interest thereon and thesum of Rs. ..... for the costs of this suit awarded to the plaintiff, making inall the sum of Rs. .....

(Similardeclarations to be introduced with regard to the amount due to defendant No. 2 in respect of his mortgage if the mortgage-mortey duethereunder has became payable at the date of the suit.)

2. It is further declared thatthe plaintiff is entitled to payment of the amount due to him in priority todefendant No. 2 ² [or (if there are several subsequent mortgagees) that theseveral parties hereto are entitled in the following order to the payment ofthe sums due to them respectively:--].

3. And it is hereby ordered anddecreed as follows :-

(i) (a) that defendants or one of them do pay into Court on orbefore the ..... day of ..... or any later date up to which time for paymenthas been extended by the Court the said sum of Rs. ..... due to the plaintiff;and

(b) thatdefendant No. 1 do pay into Court on or before the .... day of ..... or anylater date up to which time for payment has been extended by the Court the saidsum of Rs. ..... due to defendant No. 2 ; and

(ii) that, on payment of the sumdeclared to be due to the plaintiff by defendants or either of them in themanner prescribed in clause (i)(a) and on payment thereafter before such dateas the Court may fix of such amount as the Court may adjudge due in respect ofsuch costs of the suit and such costs, charges and expanses as may be payableunder rule 10, together with such subsequent interest as may be payable underrule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure,1908, the plaintiff shall bring into Court all documents in his possession orpower relating to the mortgaged property in the plaint mentioned, and all suchdocuments shall be delivered over to the defendant No. ...... (who has made thepayment), or to such person as he appoints, and the plaintiff shall, if sorequired, re-convey or re-transfer the said properly free from the saidmortgage and clear of and from all incumbrances created by the plaintiff or anyperson claiming under him or any person under whom he claims, and also freefrom all liability whatsoever arising from the mortgage or this suit and shall,if so required, deliver up to the defendant No. ...... (who has made thepayment) quiet and peaceable possession of the said property.

(Similardeclarations to be introduced, if defendant No. 1 pays the amount found or declared to be due to defendant No. 2 with such variations as may be necessaryhaving regard to the nature of hismortgage.)

4. And it is hereby further ordered and decreed that, in defaultof payment as aforesaid of the amount due to the plaintiff, the plaintiff shallbe at liberty to apply to the Court for a final decree-

(i)² [in the case of a mortgage by conditional saleor an anomalous mortgage where the only remedy Provided for in themortgage-deed is foreclosure and not sale] that the defendants jointlyand severally shall thenceforth stand absolutely debarred and foreclosed of andfrom all right to redeem the mortgaged property described in the Scheduleannexed hereto and shall, if so required deliver to the plaintiff quiet andpeaceable possession of the said property; or

(ii)² [in the case of any other mortgage] thatthe mortgaged property or a sufficient party thereof shall be sold; and thatfor the purposes of such sale the plaintiff shall produce before Court or suchofficer as it appoints, all documents in his possession or power relating tothe mortgaged property; and

(iii) ² [in the case where a sale is ordered under clause 4(ii) above] that the money realised bysuch sale shall be paid into Court and be duly applied (after deductiontherefrom of the expenses of the sale) in payment of the amount payable to theplaintiff under this decree and under any further orders that may have beenpassed in this suit and in payment of the amount which the Court may adjudgedue to the plaintiff in respect of such costs of the suit and such costs,charges and expenses as may be payable under rule 10, together with suchsubsequent interest as may be payable under rule 11, of Order XXXIV of theFirst Schedule to the Code of Civil Procedure, 1908, and that the balance, ifany, shall be applied in payment of the amount due to defendant No. 2, and thatif any balance be left, it shall be paid to the defendant No. 1 or otherpersons entitled to receive the same ; and

(iv) that, if the money realisedby such sale shall not be sufficient for payment in full of the amounts due tothe plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both ofthem, as the case may be, shall be at liberty (when such remedy is open underthe terms of their respective mortgages and is not barred by any law for thetime being in force) to apply for a personal decree against defendant No. 1 forthe amounts remaining due to them respectively.

5. And it is hereby furtherordered and decreed--

(a) that if defendant No. 2 paysinto Court to the credit of this suit the amount adjudged due to the plaintiff,but defendant No. 1 makes default in the payment of the said amount, defendantNo. 2 shall be at liberty to apply to the Court to keep the plaintiffs mortgagealive for his benefit and to apply for a final decree (in the same manner as the plaintiff might have done under clause 4 above)--

² [(i)that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosedof and from all right to redeem the mortgaged property described in theSchedule annexed hereto and shall, if so required, deliver up to defendant No.2 quiet and peaceable possession of the said property;] or

² [(ii)that the mortgaged property or a sufficient part thereof be sold and that forthe purposes of such sale defendant No. 2 shall produce before the Court orsuch officer as it appoints, all documents in his possession or power relatingto the mortgaged property;] and

(b) (if on the application ofdefendant No. 2 such a final decree for foreclosure is passed), that the wholeof the liability of defendant No. 1 arising from the plaintiffs mortgage orfrom the mortgage of defendant No. 2 or from this suit shall be deemed to havebeen discharged and extinguished.

6. And it is hereby furtherordered and decreed ² [in thecase where a sale is ordered under clause 5 above]--

(i) that the money realised by such sale shall be paid into Courtand be duly applied (after deduction therefrom of the expenses of the sale)first in payment of the amount paid by defendant No. 2 in respect of theplaintiffs mortgage and the costs of the suit in connection therewith and inpayment of the amount which the Court may adjudge due in respect of subsequentinterest on the said amount; and that the balance, if any, shall then beapplied in payment of the amount adjudged due to defendant No. 2 in respect ofhis own mortgage under this decree and any further orders that may be passedand in payment of the amount which the Court may adjudge due in respect of suchcosts of this suit and such costs, charges and expenses as may be payable todefendant No. 2 under rule 10, together with such subsequent interest as may bepayable under rule 11, of Order XXXIV of the First Schedule to the Code ofCivil Procedure, 1908, and that the balance, if any, shall be paid to defendantNo. 1 or other persons entitled to receive the same ; and

(ii) that, if the money realised by such sale shall not besufficient for payment in full of the amount due in respect of the plaintiffsmortgage or defendant No. 2's mortgage, defendant No. 2 shall be at liberty(where such remedy is open to him under the terms of his mortgage and is notbarred by any law for the time being in force) to apply for a personal decreeagainst No. 1 for the amount of the balance.

7. And it is hereby furtherordered and decreed that the parties arc at liberty to apply to the Court fromtime to time as they may have occasion, and on such application or otherwisethe Court may give such directions as it thinks fit.

Schedule

(Descriptionof the Mortgaged property).]

¹ [No. 10

preliminarydecree for redemption of prior mortgage and foreclosure or sale on subsequentmortgage

[Plaintiff.............................. 2nd Mortgagee,

versus

DefendantNo. 1 .............................. Mortgagor,

DefendantNo. 2.............................. 1st Mortgagee.]

(Order XXXIV, rules 2, 4 and 7)

(Title)

The suit coming on this .....day, etc.; It is herebydeclared that the amount due to defendant No. 2 on the mortgage mentioned inthe plaint calculated up to this ..... day of ..... is the sum of Rs. ..... forprincipal, the sum of Rs. ..... for interest on the said principal, the sum ofRs. ..... for costs, charges and expenses (other than the costs of the suit)properly incurred by defendant No. 2 in respect of the mortgage-security withinterest thereon and the sum of Rs. ..... for the costs of this suit awarded todefendant No. 2, making in all the sum of Rs. .....

(Similardeclarations to be introduced with regard to the amount due from defendant No. 1 to the plaintiff in respect of his mortgage if the mortgage-money due thereunder hasbecome payable at the date of the suit.)

2. It is further declared thatdefendant No. 2 is entitled to payment of the amount due to him in priority tothe plaintiff [or (if there are several subsequent mortgagees) that the severalparties hereto arc entitled in the following order to the payment of the sumsdue to them respectively :--].

3. And it is hereby ordered anddecreed as follows:--

(i) (a) that the plaintiff or defendant No. 1 or one of them do payinto Court on or before the ..... day of ..... or any later date up to whichtime for payment has been extended by the Court the said sum of Rs. ..... dueto defendant No. 2 ; and

(b) that defendant No. 1 do payinto Court on or before the ..... day of ..... or any later date up to whichtime for payment has been extended by the Court the said sum of Rs. ...... due to the plaintiff; and

(ii) that, onpayment of the sum declared due to defendant No. 2 by the plaintiff anddefendant No 1 or either of them in the manner prescribed in clause (i)(a) andon payment thereafter before such date as the Court may fix of such amount asthe 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 suchsubsequent interest as may be payable under rule 11, of Order XXXIV of theFirst Schedule to the Code of Civil Procedure, 1908, defendant No. 2 shallbring into Court all documents in his possession or power relating to themortgaged property in the plaint mentioned, and all such documents shall bedelivered over to the plaintiff or defendant No. 1 ( whoever has made thepayment) or to such person as he appoints, and defendant No. 2 shall, if sorequired, re-convey or re-transfer the said property free from the saidmortgage and clear of and from all incumbrances created by defendant No. 2 orany person claiming under him or any person under whom he claims, and also freefrom all liability, whatsoever arising from the mortgage or this suit andshall, if so required, deliver up to the plaintiff or defendant No. 1 (whoeverhas made the payment) quiet and peaceable possession of the said property.

(Similardeclarations to be introduced, if defendant No. 1 pays the amount found, or declared due to the plaintiff with suchvariations as may be necessary having regard to the nature of his mortgage.)

4. And it is hereby furtherordered and decreed that, if default of payment as aforesaid, of the amount dueto defendant No. 2, defendant No. 2 shall be at liberty to apply to the Courtthat the suit be dismissed or for a final decree--

(i)² [in the case of a mortgage by conditionalsale or an anomalous mortgage where the only remedy provided for in the mortgage-deedis foreclosure and not sale] thatthe plaintiff and defendant No. 1 jointly and severally shall thenceforth standabsolutely debarred and foreclosed of and from all rights to redeem themortgaged property described in the Schedule annexed hereto and shall ; if sorequired, deliver to the defendant No. 2 quiet and peaceable possession of thesaid property; or

(ii)² [in the case of any other mortgage] thatthe mortgaged properly or a sufficient part thereof shall be sold ; and thatfor the purposes of such sale defendant No. 2 shall produce before the Court orsuch officer as it appoints, all documents in his possession or power relatingto the mortgaged property; and

(iii)² [in the case where a sale is ordered underclause 4(ii) above] that the money realised by such saleshall be paid into Court and be duly applied (after deduction therefrom of theexpenses of the sale) in payment of the amount payable to defendant No. 2 underthe decree and any further orders that may be passed in this suit and inpayment of the amount which the Court may adjudge due to defendant No. 2 inrespect of such costs of the suit and such costs, charges and expenses as maybe payable to the plaintiff under rule 10, together with such subsequentinterest as may be payable under rule 11, or Order XXXIV of the First Scheduleto the Code of Civil Procedure, 1908 ; and that the balance, if any, shall beapplied in payment of the amount due to the plaintiff and that, if any balancebe left, it shall be paid to defendant No. 1 or other persons entitled toreceive the same ; and

(iv) that, if the money realisedby such sale shall not be sufficient for payment in full of the amounts due todefendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both ofthem, as the case may be, shall be at liberty (when such remedy is open underthe terms of their respective mortgages and is not barred by any law for thetime being in force) to apply for a personal decree against defendant No. 1 forthe amounts remaining due to them respectively.

5. And it is hereby furtherordered and decreed,--

(a) that, if the plaintiff paysinto Court to the credit to this suit the amount adjudged due to defendant No.2 but defendant No. 1 makes default in the payment of the said amount, theplaintiff shall be at liberty to apply to the Court to keep defendant No. 2'smortgage alive for his benefit and to apply for a final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)--

² [(i)that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosedof and from all right to redeem the mortgaged property described in theSchedule annexed hereto and shall, if so required, deliver up to the plaintiffquiet and peaceable possession of the said property]; or

² [(ii) that the mortgaged property or asufficient part thereof be sold and that for the purposes of such sale theplaintiff shall produce before the Court or such officer as it appoints, alldocuments in his possession or power relating to the mortgaged property;] and

(b) (if onthe application of defendant No. 2 such a final decree for foreclosure ispassed), that the whole of the liability of defendant No. 1 arising from theplaintiff's mortgage or from the mortgage of defendant No. 2 or from this suitshall be deemed to have been discharged and extinguished.

6. And it is herebyfurther ordered and decreed (in thecase where a sale is ordered under clause 5 above)--

(i) that the money realised by such sale shall be paid into Courtand be duly applied (after deduction therefrom of the expenses of the sale)first in payment of the amount paid by the plaintiff in respect of defendantNo. 2's mortgage and the costs of the suit in connection therewith and inpayment of the amount which the Court may adjudge due in respect of subsequentinterest on the said amount; and that the balance, if any, shall then beapplied in payment of the amount adjudged due to the plaintiff in respect ofhis own mortgage under this decree and any further orders that may be passed andin payment of the amount which the Court may adjudge due in respect of suchcosts of the suit and such costs, charges and expenses as may be payable to theplaintiff under rule 10, together with such subsequent interest as may bepayable under rule 11, of Order XXXIV of the First Schedule to the Code ofCivil Procedure, 1908, and that the balance, if any, shall be paid to defendantNo. 1 or other persons entitled to receive the same ; and

(ii) that, if the money realised by such sale shall not besufficient for payment in full of the amount due in respect of defendant No.2's mortgage or the plaintiffs mortgage, defendant No. 2 shall be at liberty(where such remedy is open to him under the terms of his mortgage and is notbarred by any law for the lime being in force) to apply for a personal decreeagainst defendant No. 1 for the amount of the balance.

7. And it is hereby furtherordered and decreed that the parties are at liberty to apply to the Court fromtime to time as they may have occasion, and on such application or otherwisethe Court may give such directions as it thinks fit.

Schedule

(Descriptionof the mortgage property).]

¹ [No. 11

preliminarydecree for sale

Plaintiff. . . . . . . . . . . Sub or derivative mortgagee,

versus.

DefendantNo. 1. . . . . . . . . . . Mortgagor,

DefendantNo. 2. . . . . . . . . . . Original Mortgagee.]

(Order XXXIV, rule 4)

(Title)

This suit coming on this ......day, etc. ; It is herebydeclared that the amount due to defendant No. 2 on his mortgage calculated upto this ..... day of ..... is the sum of Rs. ..... for principal, the sum ofRs. ..... for interest on the said principal, the sum of Rs. ..... for costs,charges and expenses (other than the costs of the suit) in respect of themortgage-security together with interest thereon and the sum of Rs. ..... forthe costs of the suit awarded to defendant No. 2, making in all the sum of Rs......

(Similardeclarations 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 anddecreed as follows:--

(i) that defendant No. 1 do payinto Court on or before the said ..... day of ..... or on later date up towhich time for payment may be extended by the Court the said sum of Rs. .....due to defendant No. 2;

(Similardeclarations to be introduced with regard to the amount due to the plaintiff,defendant No. 2 being atliberty to pay such amount.)

(ii) that, on payment of the sumdeclared due to defendant No. 2 by defendant No. 1 in the manner prescribed inclause 2 (i) and on payment thereafter before such date as the Court may fix ofsuch amount as the Court may adjudge due in respect of such costs of the suitand such costs, charges and expenses as may be payable under rule 10, togetherwith such subsequent interest as may be payable under rule 11 of Order XXXIV ofthe First Schedule to the Code of Civil Procedure, 1908, the plaintiff anddefendant No. 2 shall bring into Court all documents in their possession orpower relating to the mortgaged property in the plaint mentioned, and all suchdocuments (except such as relate only to the sub-mortgage) shall be deliveredover to defendant No. 1, or to such person as he appoints, and defendant No. 2shall, if so required, re-convey or re-transfer the property to defendant No. 1free from the said mortgage clear of and from all ineumbranccs created bydefendant No. 2, or any person claiming under him or any person under whom heclaims, and free from all liability arising from the mortgage or this suit andshall, if so required, deliver up to defendant No. 1 quiet and peaceablepossession of the said property ; and

(iii) that, upon payment intothe Court by defendant No. 1 of the amount due 10 defendant No. 2, theplaintiff shall be at liberty to apply for payment to him of the sum declareddue 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 subsequentinterest as may be payable under rule 11, of Order XXXIV of the First Scheduleto the Code of Civil Procedure, 1908; and that the balance, if any, shall thenbe paid to defendant No. 2 ; and that if the amount paid into the Court be notsufficient to pay in full the sum due to the plaintiff, the plaintiff shall beat liberty (if such remedy is open to him by the terms of the mortgage and isnot barred by any law for the time being in force) to apply for a personaldecree against defendant No. 2 for the amount of the balance.

3. And it is further ordered anddecreed that if defendant No. 2 pays into Court to the credit of this suit theamount adjudged due to the plaintiff, the plaintiff shall bring into the Courtall documents, etc. [as insub-clause (it) of clause 2],

4. And it is hereby furtherordered and decreed that, in default of payment by defendant Nos. 1 and 2 asaforesaid, 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 partthereof shall be directed to be sold ; and that for the purposes of such salethe plaintiff and defendant No. 2 shall produce before the Court or suchofficer as it appoints, all documents in their possession ,or power relating tothe mortgaged properly.

5. And it is hereby furtherordered and decreed that the money realised by such sale shall be paid intoCourt and be duly applied (after deduction therefrom of the expenses of thesale) first in payment of the amount due to the plaintiff as specified inclause 1 above with such costs of the suit and other costs, charges andexpenses as may be payable under rule 10, together with such subsequentinterest as may be payable under rule 11 of Order XXXIV of the First Scheduleto the Code of Civil Procedure, 1908, and that the balance, if any, shall beapplied in payment of the amount due to defendant No. 2; and that, if anybalance be left, it shall be paid to defendant No. 1 or other person entitledto receive the same.

6. And it is hereby furtherordered and decreed that, if the money realised by such sale shall not besufficient for payment in full of the amounts payable to the plaintiff anddefendant No. 2, the plaintiff or defendant No. 2, or both of them, as the casemay be, shall be at liberty (if such remedy is open under their respectivemortgages and is not barred by any law for the time being in force) to applyfor a personal decree against defendant No. 2 or defendant No. I (as the casemay be) for the amount of the balance.

7. And it is hereby furtherordered and decreed that, if defendant No. 2 pays into Court to the ercdit ofthis suit the amount adjudged due to the plaintiff, but defendant No. 1 makesdefault in payment of the amount due to defendant No. 2, defendant No. 2 shallbe at liberty to apply to the Court for a final decree for foreclosure or sale(as the case may be)--(declarations inthe ordinary form to be introduced according to the nature of defendant No. 2's mortgage and the remedies open tohim thereunder).

8. And it is hereby further ordered and decreed that the partiesare at liberty to apply to the Court as they may have occasion, and on suchapplication or otherwise the Court may give such directions as it thinks fit.

Schedule

(Descriptionof the mortgaged property).]

No. 12

decreefor rectification of instrument

(Title)

it ishereby declared that the ....., dated the ..... day of .....19..../20....,and does nottruly express the intention of the parties to such .....

And it is decreed that the said..... be rectified by .....

No. 13

decreeto set aside a transfer in fraud of creditors

(Title)

it ishereby declared that the ......., dated the ..... day of ......19..../20.....,and madebetween ..... and ..... is void as against the plaintiff and all other thecreditors, if any, of the defendant .....

No. 14

INJUNCTIONAGAINST PRIVATE NUISANCE

(Title)

let thedefendant ..... his agents, servants and workmen, be perpetually restrainedfrom burning, or causing to be burnt, any bricks on the defendant's plot ofland marked B in the annexed plan, so as to occasion a nuisance to theplaintiff as the owner or occupier of the dwelling-house and garden mentionedin the plaint as belonging to and being occupied by the plaintiff.

No. 15

injunctionagainst building HIgher than old level

(Title)

let the defendant ..... hiscontractors, agents and workmen, be perpetually restrained from continuing tocrect upon his premises in ..... any house or building of a greater height thanthe buildings which formerly stood upon his said premises and which have beenrecently pulled down, so or in such manner as to darken, injure or obstructsuch of the plaintiffs windows in his said premises as are ancient lights.

No. 16

injunctionrestraining use of private road

(Title)

let thedefendant ....., his agents, servants and workmen, be perpetually restrainedfrom using or permitting to be used any part of the lane at ....., the soil ofwhich belongs to the plaintiff, as a carriage-way for the passage of carts,carriages or other vehicles, either going to or from the land marked B in theannexed plan or for any purpose whatsoever.

No. 17

preliminarydecree in an administration-suit

(Title)

it isordered that the following accounts and inquiries be taken and made; that is tosay--

Increditor's suit--

1.That an account be taken of whatis due to the plaintiff and all other the creditors of the deceased.

Insuits by legatees--

2. That an account be taken ofthe legacies given by the testator's will. In suits by next-of-kin--

3. That an inquiry be made andaccount taken of what or of what share, if any, the plaintiff is entitled to asnext-of-kin [or one of thenext-of-kin] of the intestate.

[After the first paragraph, thedecree will, where necessary, order, in a creditor's suit, inquiry and accountsfor legatees, heirs-at-law and next-of-kin. In suits by claimants other thancreditors, after the first paragraph, in all cases, an order to inquire andtake an account of creditors will follow the first paragraph and such of theothers as may be necessary will follow, omitting the first formal words. Theform is continued as in a creditor's suit.]

4. An account of the funeral andtestamentary expenses.

5. An account of the movableproperty of the deceased come to the hands of the defendant, or to the hands ofany other person by his order or for his use.

6. An inquiry what part (if any)of the movable property of the deceased is outstanding and undisposed of.

7. And it is further orderedthat the defendant do, on or before the ..... day of ..... next, pay into Courtall sums of money which shall be found to have come to his hands, or to thehands of any person by his order or for his use.

8. And that if the .............³ shallfind it necessary for carrying out the objects of the suit to sell any part ofthe movable property of the deceased, that the same be sold accordingly, andthe proceeds paid into Court.

9. And that Mr. E.F, be receiver in the suit (or proceeding) and receive and getin all outstanding debts and outstanding movable property of the deceased, andpay the same into the hands of the ......... (and shall give security bybond for the due performance of his duties to the amount of ..... rupees).

10. And it is further orderedthat if the movable property of the deceased be found insufficient for carryingout the objects of the suit, then the following further inquiries be made, andaccounts taken, that is to say--

(a) aninquiry what immovable property the deceased was seized of or entitled 10 atthe time of his death ;

(b) an inquiry what are theincumbrances (if any) affecting the immovable property of the deceased or anypart thereof ;

(c) an account, so far aspossible, of what is due to the several incumbrancers, and to include astatement of the priorities of such of the incumbrancers as shall consent tothe sale hereinafter directed.

11. And that the immovable propertyof the deceased, or so much thereof as shall be necessary to make up the fundin Court sufficient to carry out the object of the suit, be sold with theapprobation of the Judge, free from incumbrances (if any) of such incumbrancersas shall consent to the sale and subject to the incumbrances of such of them asshall not consent.

12. And it is ordered that G.H. shall have the conduct of thesale of the immovable property, and shall prepare the conditions and contractsof the sale subject to the approval of the ........... ³ and that in caseany doubt or difficulty shall arise the papers shall be submitted to the Judgeto settle.

13. And it is further orderedthat, for the purpose of the inquiries hereinbefore directed, the ......... ³ shalladvertise in the newspapers according to the practice of the Court, or shallmake such inquiries in any other way which shall appear to the ........... ³ togive the most useful publicity to such inquiries.

14. And it is ordered that theabove inquiries and accounts be made and taken, and that all other acts orderedto be done be completed, before the ............ day of .......... and that the .............³ docertify the result of the injuries, and the accounts, and that all other actsordered are completed, and have his certificate in that behalf ready for theinspection of the parties on the ..... day of .....

15. And, lastly, it is orderedthat this suit [or proceedings] stand adjourned for making final decree to the..... day of .....

[Such part only of this decreeis to be used as is applicable to the particular case.]

No. 18

finaldecree in an administration-suit by a legatee

(Title)

1. It is ordered that thedefendant ..... do, on or before the ..... day of ..... pay into Court the sumof Rs. ..... the' balance by the said certificate found to be due from the saiddefendant on account of the estate of ..... the testator and also the sum ofRs. ..... for interest, at the rate of Rs. ..... per cent per annum, from the..... day of ..... to the ..... day of ..... amounting together to the sum ofRs. .....

2. Let the ............³ of the saidCourt tax the costs of the plaintiff and defendant in this suit, and let theamount of the said costs, when so taxed, be paid out of the said sum of Rs...... ordered to be paid into Court as aforesaid, as follows:

(a) Thecosts of the plaintiff to Mr ..... his attorney [or pleader] or andthe costs of the defendant to Mr ..... his attorney [or pleader].

(b) And (if any debts are due) with theresidue of the said sum of Rs. ..... after payment of the plaintiffs anddefendant's costs as aforesaid let the sums, found 10 be owing to the severalcreditors mentioned in the ..... schedule to the certificate, of the.............³ ,together with subsequent interest on such of the debts as bear interest, bepaid ; and, after making such payments, let the amount coming to the severallegatees mentioned in the schedule, together with subsequent interest (to beverified as aforesaid), be paid to them.

3. And if there should then beany residue, let the same be paid to the residuary legatee.

No. 19

preliminarydecree in an administration-suit by a legatee, where an executor is heldPersonally liable for the payment of legacies

(Title)

1. It is declared that the defendant is personally liable to paythe legacy of Rs. ..... bequeathed to the plaintiff.

2. And it is ordered that anaccount be taken of what is due for principal and interest on the said legacy.

3.And it' is also ordered that the defendant do, within .............. weeks afterthe date of the certificate of the ...............³ , pay to theplaintiff the amount of what the ........... ³ shall certify to be duefor principal and interest.

4. And it is ordered that thedefendant do pay the plaintiff his costs of suit, the same to be taxed in casethe parties differ.

No. 20

finaldecree in an administration-suit by next-of-kin

(Title)

1. Let the ............. ³ of the said Court tax the costs ofthe plaintiff and defendant in this suit, and let the amount of the saidplaintiffs costs, when so taxed, be paid by the defendant to the plaintiff outof the sum of Rs. ..... the balance by the said certificate found to be duefrom the said defendant on account of the personal estate of E.F., the intestate, within one weekafter the taxation of the said costs by the said .............³ , and letthe defendant retain for her own use out of such sum her costs, when taxed.

2. And it is ordered that theresidue of the said sum of Rs. ..... after payment of the plaintiffs anddefendant's costs as aforesaid, be paid and applied by defendant as follows:--

(a) Let thedefendant, within one week after the taxation of the said costs by the ............³ asaforesaid, pay one-third share of the said residue to the plaintiffs A.B., and CD., hiswife, in her right as the sister and one of the next-of-kin of the said E.F., the intestate.

(b) Let thedefendant retain for her own use one other third share of the said residue, asthe mother and one of the next-of-kin of the said E.F., the intestate.

(c) And let the defendant, within one week afterthe taxation of the said costs by the .......... ³ as aforesaid, paythe remaining one-third share of the said residue to G.H., asthe brother and the other next-of-kin of the said E.F., the intestate.

No. 21

preliminarydecree in a suit for dissolution of partnership and the taking of partnershipaccounts

(Title)

it is declaredthat the proportionate shares of the parties in the partnership are asfollows:--

It is declared that thispartnership shall stand dissolved [or shallbe deemed to have been dissolved] as from the ..... day of ....., and it isordered that the dissolution thereof as from that day be advertised in the..... Gazette, etc.

And it is ordered that ..... bethe receiver of the partnership-estate and effects in this suit and do get inall the outstanding book-debts and claims of the partnership.

And it is ordered that thefollowing accounts be taken:--

1. An account of the credits,property and effects now belonging to the said partnership;

2. An account of the debts andliabilities of the said partnership;

3. An account of all dealingsand transactions between the plaintiff and defendant, from the foot of thesettled account exhibited in this suit and marked (A), and not disturbing anysubsequent settled accounts.

And it is ordered that thegoodwill of the business heretofore carried on by the plaintiff and defendantas in the plaint mentioned, and the stock-in-trade, be sold on the premises, andthat the .............. ³ may, on the application of any of the parties, fixa reserved bidding for all or any of the lots at such sale, and that either ofthe parties is to be at liberty to bid at the sale.

And it is ordered that the aboveaccounts be taken, and all the other acts required to be done be completed,before the ..... day of ....., and that the ..... ³ do certify theresult of the accounts, and that all other acts are completed, and have hiscertificate in that behalf ready for the inspection of the parties on the .....day of .....

And, lastly, it is ordered thatthis suit stand adjourned for making a final decree to the ..... day of .....

No. 22

finaldecree in a suit for dissolution of partnership and the taking of partnership accounts

(Title)

it isordered that the fund now in Court, amounting to the sum of Rs. ..... beapplied as follows :--

1. In payment of the debts dueby the partnership set forth in the certificate of the ............. ³ amountingin the whole to Rs. ............. .

2. In payment of the costs ofall parlies in this suit, amounting to Rs. .................

[Thesecosts must be ascertained before the decree is drawn up.]

3. In payment of the sum of Rs............ to the plaintiff as his share of the partnership-assets, of the sum ofRs. ..... being the residue of the said sum of Rs. .......... now in Court, to thedefendant as his share of the partnership-assets. -

[Or, And thatthe remainder of the said sum of Rs. .......... be paid to the said plaintiff (or defendant in part payment of thesum of Rs. ......... certified to be due to him in respect of thepartnership-accounts.]

4. And that the defendant [or plaintiff] do on or before the......... day of ......... pay to the plaintiff [ordefendant] the sum of Rs. ..... being the balance of the said sum of Rs...... due to him, which will then remain due.

No. 23

decreefor recovery of land and mesne profit

(Title)

it ishereby decreed as follows :--

1. That the defendant do put theplaintiff in possession of the property specified in the schedule hereuntoannexed.

2. That the defendant do pay tothe plaintiff the sum of Rs. ..... with interest thereon at the rate of ....per cent per annum to the date of realization on account of mesne profits which have accrued dueprior to the institution of the suit.

Or

2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit.

3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree].

___________________

1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11.

2.Words not required to be deleted.

3.Here insert name of proper officer.

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