Appendix D - Premiliary decree for sale (Order XXXIV, rule 4) (Where accounts are directed to be taken.)

Updated atMarch 2010

(Title)

This suit coming on this..................day, etc.; It is hereby ordered and decreed that it be 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 wilful default of the plaintiff or such perosion 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. 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.

  2. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just alllowances 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...

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