refered to..................................................as the Commissioner
to take the accounts following:--i. an account of what is
due on this date to the plaintiff for principal and interest on his 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 plaintiff or
by any other person by the order of for the use of the plaintiff or which
without the willful default of the plaintiff or such person might have been so
received;iii. an account of all
sums of money properly incurred by the plaintiff up to this for costs, charges
and expenses (other than the costs of the suit) in respect of the
mortgage-security, together with interest thereon (such interest to be computed
at the 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 plaintiff 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.1.2. 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 plaintiff 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 plaintiff 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 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, such sum
as the Court shall find due and the sum of
Rs............................................for the costs of the suit awarded
to the plaintiff;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, or Order XXXIV of the
First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring
into Court all documents shall 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 mortgage and clear of and from all
in cumbrances created by the plaintiff or any person claiming under him or any
person under whom he claims and shall, if so required, deliver up to the
defendant quiet and peaceable possession of the said property.5. And it is hereby
further ordered and decreed that, in default of payment as aforesaid, the
plaintiff 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 thereof shall be directed to be sold; and for the purposes
of such sale the plaintiff 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 plaintiff under this decree
and under any further orders that may be passed in this suit and in payment of
any amount which the Court may adjudge due to the plaintiff 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,
and that the balance, if any, shall be paid to the defendant or other persons
entitled to receive the same.7. And it is hereby
further ordered and decreed that, if the money realized by such sale shall not
be sufficient for payment in full of the amount payable to the plaintiff as
aforesaid, the plaintiff 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 defendant 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.