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Appendix D Preliminary Decree For Foreclosure Or Sale

Category : Agreements Civil Procedure Code

Plaintiff 1st Mortgage Vs Defendant No 1 Mortgagor Defendant No 2 2nd Mortgagee Order XXXIV rules 2 and 4 Title 1 The suit coming on this day etc It is hereby declared that the amount due to the plaintiff 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 incurred by the plaintiff in respect of the mortgage security with interest thereon and the sum of Rs For the costs of this suit awarded to the plaintiff making in all the sum of Rs Similar declarations to be introduced with regard to the amount due to defendant No 2 in respect of his mortgage if the mortgage money due there under has become payable at the date of the suit 2 It is further declared that the plaintiff is entitled to payment of the amount due...

Appendix D Preliminary Decree For Redemption Of Prior Mortgage And Foreclosure Or Sale On Subsequent Mortgage

Category : Agreements Civil Procedure Code

Plaintiff 2nd Mortgagee vs Defendant No 1 MortgagerDefendant No 2 1st Mortgage Title 1 The suit coming on this day etc It is hereby declared that the amount due to defendant No 2 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 defendant No 2 in respect of the mortgage security with interest thereon and the sum of Rs for the costs of this suit awarded to defendant No 2 making in all the sum of Rs Similar declarations to be introduced with regard to the amount due from defendant No 1 to the plaint in respect of his mortgage if the mortgage money due thereunder has become payable at the date of the...

Preliminary Decree For Sale

Category : Agreements Civil Procedure Code

Plaintiff Sub or derivative mortgage vs Defendant No 1 Mortgagor Defendant No 2 Original mortgagee Order XXXIV rule 4 Title 1 This suit coming on this day etc It is hereby declared that the amount due to defendant No 2 on his mortgage 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 in respect of the mortgage security together with interest thereon and the sum of Rs for the costs of the suit awarded to defendant No 2 making in all the sum of Rs Similar declarations to be introduced with regard to the amount due from defendant No 2 to the plaint in respect of his mortgage 1 2 And it is hereby ordered and decreed as follows i that defendant No 1 do pay into Court on or before the said day of or any later date up to which time for payment may be extended by the Court the said sum of Rs due to defendant No 2 Simi...

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

Category : Agreements Civil Procedure Code

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 ...

Preliminary Decree For Redemption Where On Default Of Payment By Mortgagor A Decree For Sale Is Passed (order Xxxiv, Rule 7) (where Accounts Are Directed To Be Taken)

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is here by ordered and decreed that that it be referred to as the Commissioner to take the accounts following i an account of what is due on this date to the defendant for principle and interest on the mortgage mentioned in the plaint such interest to be computed at the rate payable on the principle or where no such rate is fixed at six per cent per annum or at such rate as the Court deems reasonable ii an account of the income of the mortgaged property received up to this date by the defendant or by any other person by the order or for the use of the defendant or which without willful default of the defendant or such person might have been so received iii an account of all sums of money properly incurred by the defendant up to this date for costs charges and expenses other than the costs of the suit in respect of the mortgage security together with interests thereon such inte...

Preliminary Decree For Sale (order Xxxiv, Rule 4) ( When The Court Declares The Amount Due

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is hereby declared that the amount due to the plaintiff 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 plaintiff in respect of the mortgage 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 or Rs 2 And it is hereby ordered and decreed 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 by the Court the said sum of Rs ii that on such...

Appendix D Preliminary Decree For Sale (order Xxxiv, Rule 4) (where Accounts Are Directed To Be Taken

Category : Agreements Civil Procedure Code

Title 1 This suit coming on this day etc It is hereby ordered and decreed that it be refered to as the Commissioner to take the accounts following i an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint such interest to be computed at the rate payable on the principal or where no such rate is fixed at six per cent per annum or at such rate as the Court deems reasonable ii an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order of for the use of the plaintiff or which without the willful default of the plaintiff or such person might have been so received iii an account of all sums of money properly incurred by the plaintiff up to this for costs charges and expenses other than the costs of the suit in respect of the mortgage security together with interest thereon su...

Warrant Of Committal Of Judgment Debtor To Jail (o.21, R.40

Category : Agreements Civil Procedure Code

Title ToThe Officer in charge of the Jail atWHEREAS who has been brought before this Court this day of 19 under a warrant in execution of a decree which was made and pronounced by the said Court on the day of 19 and by which decree it was ordered that the said should pay And whereas the said has not obeyed the decree nor satisfied the Court that he is entitled to be discharged from custody You are hereby The Words in the name of the King Emperor of India rep by the A O 1950 commanded and required to take and receive the said into the civil prison and keep him imprisoned therein for a period not exceeding or until the said decree shall be fully satisfied or the said shall be otherwise entitled to be release according to the terms and provisions of section 58 of the Code of civil Procedure 1908 and the Court does hereby fix annals per diem as the rate of the monthly allowance for the subsisten...

Proclamation Requiring Attendance Of Witness (o.16, R.10

Category : Agreements Civil Procedure Code

Title To WHEREAS it appears form the examination on oath of the serving officer that the summons could not be served upon the witness and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons This proclamation is there offer under rule 10 of Order XVI of the Code of Civil Procedure 1908 issued requiring the attendance of the witness in this Court on the day of 19 at o clock in the forenoon and from day to day until he shall have leave to depart and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law GIVEN under my hand and the seal of the Court this day of 19...

Affidavit Of Process Server To Accompany Return Of A Summons Or Notice (o.5, R.18

Category : Agreements Civil Procedure Code

Title The Affidavit of son of I make oath affirm and say as follows 1 I am a process server of this Court 2 On the day of 19 I received a summons notice issued by the Court of in suit No of 19 in the said Court dated the day of 19 for service on 3 The said was at the time personally known to me and I served the said summons notice on him her on the day of 19 at about o clock in the noon at by tendering a copy thereof to him her and requiring his her signature to the original summons notice a b 1 Here state whether the person served signed or refused to sign the process and in whose presence 2 Signature of process server or 1 2 3 The said not being personally known to me accompanied me...


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