(
Title)1. This suit coming on
this..................day, etc.; It is here by ordered and decreed that 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 principle and interest
on the mortgage mentioned in the plaint ( such interest to be computed at the
rate payable on the principle 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 the order or for the use of the defendant
or which without 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 respect
of the mortgage-security together with interests 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 principle, or, failing both such rates, at nine
per cent per annumiv.
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 or 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
mortgage-deed.2. And 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
first be adjusted against any sums paid by the defendant under clause (iii)
together with interest thereon, and 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 principle.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 allowance 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 sum as the Court shall find due
and the sum of Rs........................or the costs of the suit awarded to
the defendant;ii.
that,
on such 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 expensed 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(The
First Schedule Appendix D.-Decrees)No
2 or both of them as the case may be shall be at liberty (when such remedy is
open under the terms of their respective mortgages and id not barred by any law
for the time being in force) to apply for a personal decree against defendant
No 1 for the amounts remaining due to them respectively1.2.3.4.5. And it id hereby
further ordered and decreed that, in default of payment as aforesaid, the
defendant may apply to the Court for a final decree for the sale of the
mortgaged property; and on such application being made, the mortgaged property
or a sufficient part there of shall be directed to be sold; and for the
purposes of such sale the defendant shall produce before the Court or such
officer as it appoints, all documents in his possession or power relating to
the mortgaged property.6. 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
this decree and under any further orders that may be passed in his suit and in
payment of the amount payable to the defendant under this decree and under any
further orders that may be passed in his suit and in payment of any amount
which the Court may adjudge due to the defendant 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 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, 1903 and that the
balance, if any, shall be paid to the plaintiff or other persons entitled to
receive the same.7. And it is hereby
further ordered and decreed that, if the money realised by such sale shall not
be sufficient for payment in full of the amount payable to the defendant as
aforesaid, the defendant shall be at liberty (where such remedy is open to him
under the terms of his mortgage and is not barred by any law for the time being
in force) to apply for a personal decree against the plaintiff for the amount
of the balance; and that the parties are 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.