Preliminary Decree For Redemption Where On Default Of Payment By Mortgagor A Decree For Foreclosure Is Passed (order Xxxiv, Rule 7) (where The Court Declares The Amount Due Legal Draft Template

<h2>1. </h2>This

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

amount due to the defendant on the mortgage mentioned in the plaint calculated

up to this doge of is the sum of Rs................. For principal, the sum of

Rs. ..............For interest on the said principal, the sum of Rs. For costs,

charges and expenses (other than the costs of the suit) properly incurred by

the defendant in respect of the mortgage-security together with interest

thereon, and the sum of Rs. .................For the costs of the suit awarded

to the defendant, making in all the sum of Rs..2.

And

it is hereby ordered and decreed as follows:-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 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

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, reconvene 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.1.2.3. And it is hereby

further ordered and decreed that, in default of payment as aforesaid, the

defendant may apply to the Court for a final decree that the plaintiff shall

henceforth 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.