Final Decree For Sale In A Redemption Suit On Default Of Payment By Mortgagor(order Xxxiv, Rule 8 Legal Draft Template
| Category | Agreements Civil Procedure Code |
| Format | ) |
| File name | Final Decree for Sale in a Redemption Suit on Default of Payment by Mortgagor(Order Xxxiv, Rule 8.) |
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<h2>1. </h2>Upon
reading the preliminary decree passed in this suit on the day of and further
orders (if any) dated the day of, and the application of the defendant dated
the day of for a final decree and after hearing decree and orders has not been
made by the plaintiff or any person on his behalf or any other person entitled
to redeem the mortgage:It
is hereby ordered and decreed that the mortgaged property in the aforesaid
preliminary decree mentioned or a sufficient part thereof be sold and that for
the purposes of such sale the defendant shall produce before the Court, or such
officer as it appoint, all documents in his possession or power relating to the
mortgaged property.2.
- And
it is hereby further ordered and decreed that the money realised by such sale
shall be paid into Court and shall be duly applied (after deduction there from
of the expenses of the sale) in payment of the amount payable to the defendant
under the aforesaid preliminary decree and under any further orders that may
have been passed in this suit and in payment of any amount which the Court may
have adjudged due to the defendant for such costs of this suit including the
costs of this application and such costs, charges and expenses as may be
payable under rule 10, together with the subsequent interest as may be payable
under rule 11, 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 persons entitled to receive the same.