Appendix D - Preliminary decree for redemption whre on default of payment by mortgagor a decree for sale is passed (Order XXXIV, rule 7) (Where accounts are directed to be taken)
| Updated at | March 2010 |
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This suit coming 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 Ccourt 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 defendent or which without willful default of the defendant or such person might have been so receivedd;
(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 annum
(iv) an account of any loss or damage caused to the martgaged property before this date by any act or ommision of the defendant which is destructive of, or permanantly 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.
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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.
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And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despath 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...
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