Appendix D - Preliminary decree for foreclosure or sale
| Updated at | March 2010 |
[Plaintiff....... 1st Mortgage,
Vs.
Defendant No.1....... Mortgagor.
Defendant No.2....... 2nd Mortgagee.]
(Order XXXIV, rules 2 and 4)
(Title)
The suit coming on this ......................day, etc.; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day 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) incurred by the plaintiff in respect of the mortgage-security with interest thereon and the sum of Rs............ For the costs of this suit awarded to the plaintiff, making in all the sum of Rs............
(Similar declarations to be introduced with regard to the amount due to defendant No.2 in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)
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It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No.2 {Words not required to be deleted} [or (if there are several subsequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:-].
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And it is hereby ordered and decreed as follows:-
(i) (a) that defendants or one of them do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to the plaintiff; and
(b) that defendant No.1 do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to defendant No.2; and
(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in the manner prescribed in clause (I) (a) 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 plaintiff 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 defendant No. (who has made the payment) or to such person as he appoints, and the...
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