Appendix D - Preliminary decree for redemption whre on default of payment by mortgagor a decree for foreclosure is passed (Order XXXIV, rule 7) (Where the Court declares the amount due.)

Updated atMarch 2010


This suit coming on this, etc,; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this dage 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) properly incurred by the defendant in respect of the mortgatge-security together with interest thereon, and the sum of Rs. .................For the costs of the suit awarded to the defendnat, making in all the sum of Rs..

  1. And it is hereby ordered and decreed as follows:-

    (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 the said sum of Rs.

    (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, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendnat 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 plaintiff, or to such person as he appoints, and the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT