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

<h2>1. </h2>This

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

decreed 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 principal and interest on the 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 defendant or

by any other person by order or for the use of the defendant or which without

the 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 repeat of the

mortgage-security together with interest thereon (such interest to be computed

at the rate agreed between the parties, or, failing such rate, at the same rate

as is payable on the principal, or, failing both such rates, at nine per cent

per annum.);iv. an account of any

loss or damage caused to the mortgaged property before this date by any act or

omission of the defendant which is destructive of, or permanently injurious to,

the property if by his failure to perform any of the duties imposed upon him by

any law for the time being in force or by the terms of the mortgaged.2.

It

is hereby further ordered and decreed that any amount received under clause

(ii) or adjudged due under clause (iv) above, together with interest thereon,

shall be adjusted against any sums paid by the defendant under clause (iii)

together with interest thereon, and the balance, if any, shall be added to the

mortgage-money or, as the case may be, be debited in reduction of the amount

due to the defendant on account of interest on the principal sum adjudged due

and thereafter in reduction or discharge of the principal.3.

And

it is hereby further ordered that the said Commissioner shall present the account

to this Court with all convenient dispatch after making all just allowances on

or before the..................................day

of................................., and that upon such report of the

Commissioner being received, it shall be confirmed and countersigned, subject

to such modification as may be necessary after consideration of such objections

as the parties to the suit may make.4.

And

it is hereby further ordered and decreed --i. that the plaintiff 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, such

sum as the Court shall find due and the sum or

Rs..............................for the costs of the suit awarded to the

defendant;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 defendant shall

bring into Court all documents in his possession or power relating to the

mortgaged property, in the plaint mentioned, and all such documents shall be

delivered over to the plaintiff, or to such person as he appoints, and the

defendant shall, if so required, re-convey or re-transfer the said property

free from the said mortgage and clear of and from all in cumbrances created by

the defendant 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 plaintiff quiet and peaceable

possession of the said property.2.3.4.5.

And

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

aforesaid, the defendant shall be at liberty to apply to the Court for a final

decree that the plaintiff 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 defendant

quiet and peaceable possession of the said property; and that the parties shall

be at 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.