Final Decree For Sale In A Redemption Suit On Default Of Payment By Mortgagor(order Xxxiv, Rule 8 Legal Draft Template

<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.

1. 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.