Appendix D Preliminary Decree For Foreclosure (order Xxxivvv, Rule 2) (where The Court Declares The Amount Due - Legal Draft

1.

This

suit coming on this...........................day, etc.; It is hereby declared

that the amount due to the plaintiff on his mortgage mentioned in the plaint

calculated up to this................................ day of.................is

the sum of Rs..........................for 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 this suit awarded

to the plaintiff, making in all the sum of 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 of 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, charges and expenses as may be payable under rule 10, together with such

subsequent interest as may be payable under rule 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 or power relating to the mortgaged

property in the plaint mentioned, and all such documents hall be delivered over

to the defendant, or to such person as he appoints, and the plaintiff shall, if

so required, re-convey or re-transfer the said property free from the said mortgage

and clear of and free from all in cumbrances created by the plaintiff or any

person claiming under him or any person under whom he claims and free from all

liability whatsoever arising from the mortgage or this suit and shall, if so

required, deliver up to the defendant quiet and peaceable possession of the

said property.3.

And

it is hereby further ordered and declared that, in default of payment as

aforesaid, the plaintiff may apply to the Court for a final decree that the

defendant shall thenceforth stand absolutely debarred and foreclosed of and

from all right to redeem the mortgaged property described in the Schedule

annexed hereto and shall, if so required, deliver up to the plaintiff quiet and

peaceable liberty to apply to the Court from time to time as they may have

occasion, and on such application or otherwise the Court may give such

directions as it thinks fit.