Decree Against Mortgagor Personally For Balance After The Sale Of The Mortgaged Property (order Xxxiv, Rules 6 And 8a) - Legal Draft

(Title}Upon

reading the application of the mortgagee (the plaintiff or defendant, as the

case may be) and reading the final decree passed in the suit on the day of and

the Court being satisfied that the net proceeds of the sale held under the

aforesaid final decree amounted to Rs............ And have been paid to the

applicant out of the Court on the day of and that the balance now due to him

under the aforesaid decree is Rs.............;And

whereas it appears to the Court that the said sum is legally recoverable from

the mortgagor (plaintiff or defendant, as the case may be) personally;It

is hereby ordered and decreed as follows:-That

the mortgagor (plaintiff or defendant, as the case may be) do pay to the

mortgagee (defendant or plaintiff, as the case may be) the said sum of

Rs.............. With further interest at the rate of six per cent, per annum

from the day of (the date of payment out of Court referred to above) up to the

date of realisation of the said sum, and the costs of this application.