No. 1
DECREE IN ORIGINAL SUIT (O. 20, rr. 6,7.)
(Title)
Claim for ........................................................................................................................................
THIS suit coming on this day for final disposal before ................................... in the presence of
....................................... for the plaintiff and of............................ for the defendant, it is ordered and
decreed that .......................................... and that the sum of Rs ........................................... be paid by
the....................................... to the .............................on account of the costs of this suit, with interest
thereon at the rate of ................................... per cent. per annum from this date to date of realization.
Given under my hand and the seal of the Court, this ..................... day of ...................................
20...
Judge.
Costs of Suit
Plaintiff
Defendant
Rs.
A.
P.
Rs. A.
1. Stamp for plaint………..
Stamp for power……………...
2. Do. for power……………
Do. for petition………
3. Do. for exhibits………….
Pleader’s fee………….
4. Pleader’s fee on Rs. ......
Subsistence for witnesses…
5. Subsistence for witnesses..
Service of process……….
6. Commissioner’s fee……
Commissioner’s fee………..
P.
7. Service of process……..
Total
Total
No. 2
simple money decree
(Title)
Claim for......................................................................................................................................................
THIS suit coming on this........................day for final disposal before..........in the presence of
..............................for the plaintiff and of.................for the defendant; It is ordered that the...................do
pay to the.................. the sum of Rs................ with interest thereon at the rate of.......................per cent.
per annum from......................................to the date of realization of the said sum and do also pay
Rs..................... , the costs of this suit, with interest thereon at the rate of……..per cent. per annum from
this date to the date of realization.
Given under my hand and the seal of the Court, this........................... day of....................20
Judge.
248
Costs of Suit
Plaintiff
Defendant
Rs.
A.
P.
Rs.
1. Stamp for plaint..............
Stamp for power......
2. Do. for power.............
3. Do. for exhibit...........
Do. for petition .......
Pleader’s fee .........
4. Pleader's fee on Rs............
Subsistence for witnesses
5. Subsistence for
witnesses........
6. Commissioner’s fee..........
Service of process ...
A.
Commissioner’s .....
7. Service of process..............
Total
Total
1
[No. 3
preliminary decree for foreclosure
(Order XXXIV, rule 2.—Where accounts are directed to be taken.)
(Title)
This suit coming on this................................. day, etc.; It is hereby ordered and decreed 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 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 or for the use of the plaintiff or which without the wilful 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 date 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 agreed between the parties, or, failing
such rate, at the same 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.
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, debited in reduction of the amount due to the plaintiff on
1. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11.
249
P.
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 despatch 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
fined 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, 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, 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 said
mortgage and clear of and from all incumbrances created by the plaintiff-or any person claiming under him
or any person under whom he claims and free from all liability whatsoever or arising from the mortgage or
this suit 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
shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand
absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in
the schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable
possession of the said property; and that the parties shall be 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.
Schedule
Description of the mortgaged property]
1
[No. 3A
preliminary decree for foreclosure
(Order XXXIV, rule 2.—Where the Court declares the amount due.)
(Title)
This suit coming on this................................ day, etc.; It is hereby declared that the amount due to the
plaintiff on his 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) properly incurred by the plaintiff in respect of the mortgage-security, together with interest
thereon, and the sum of Rs........ for the costs of this suit awarded to the plaintiff, making in all sum of
Rs............
2. And it is hereby ordered and decreed as follows:—
(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 of the said sum of
Rs....................,
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
250
(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 (5 of 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, 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 said mortgage and clear of and from all incumbrances created by the plaintiff or
any person claiming under him or any person under whom he claims and free from all liability
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant
quiet and peaceable possession of the said property.
3. 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 that the defendant shall thenceforth stand absolutely debarred
and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed
hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said
property; and that the parties shall be 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.
Schedule
Description of the mortgaged property]
1
[No. 4
final decree for foreclosure
(Order XXXIV, rule 3.)
(Title)
Upon reading the preliminary decree passed in this suit on the……… day of...................................
and further orders (if any) dated the…………..day of…………......and the application of the plaintiff
dated the……………day of…………..........for a final decree and after hearing the parties and it
appearing that the payment directed by the said decree and orders has not been made by the defendant or
any person on his behalf or any other person entitled to redeem the said mortgage.
It is hereby ordered and decreed that the defendant and all persons claiming through or under him be
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the
property in the aforesaid preliminary decree mentioned; *[and (if the defendant be in possession of the
said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession
of the said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to
this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and
extinguished.
Schedule
(Description of the Mortgage Property).]
1
[No. 5
preliminary decree for sale
(Order XXXIV, rule 4.—Where accounts are directed to be taken.)
(Title)
This suit coming on this....................................day, etc; It is hereby ordered and decreed 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 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 or for the use of the plaintiff or which without the wilful default of the
plaintiff or such person might have been so received;
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
* Words not required to be deleted.
251
(iii) an account of all sums of money properly incurred by the plaintiff up to this date 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 agreed between the parties, or, failing such rate,
at the same 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.
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 despatch 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, 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, 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 incumbrances 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 quite 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 therefrom 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 realised by such sale shall not be
sufficient or 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.
Schedule
Description of the mortgaged property.]
252
1
[No. 5A
preliminary decree for sale
(Order XXXIV, rule 4.—When the Court declares the amount due.)
(Title)
This 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) properly incurred by the plaintiff
in respect of the mortgage-security, together with interest thereon, and the sum of
Rs..............................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ............
2. And it is hereby ordered and decreed as follows:—
(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, 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 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, 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
said mortgage and clear of and from all incumbrances 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
quite and peaceable possession of the said property.
3. 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.
4. 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 herefrom 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.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient or 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.
Schedule
Description of the mortgaged property.]
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Form 3 to 11.
253
1
[No. 6
final decree for sale
(Order XXXIV, rule 5.)
(Title)
Upon reading the preliminary decree passed in this suit on the.........day of.............. and further orders
(if any) dated the ........ day of........ and the application of the plaintiff dated the........day........ of
for a final decree and after hearing the parties and it appearing that the payment directed by the said
decree and orders has not been made by the defendant or any person on his behalf or any other person
entitled to redeem the mortgage.
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
mentioned or a sufficient part thereof be sold and that 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.
2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of
the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders
that may have been passed in this suit and in payment of any amount which the Court may have adjudged
due to the plaintiff for such costs of the suit including the costs of this application 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.]
1
[No. 7
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
for foreclosure is passed
(Order XXXIV, rule 7.—Where accounts are directed to be taken.)
(Title)
This suit coming on this......... day, etc.; It is hereby ordered and decreed that it be referred
to............ as the Commissioner to take the account following:—
(i) an account of what is due on this date to the defendant for principal and interest on the
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 defendant
or by any other person by order or for the use of the defendant or which without the wilful default of
the defendant or such person might have been so received;
(iii) an account of all sums of money property 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
interest 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 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 defendant 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.
2. 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 be adjusted against any sums paid by the
defendant 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 defendant on
1. Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11.
254
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 despatch 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 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, such sum as the Court shall find due and the
sum of Rs. ......... for the costs of the suit awarded to the defendant;
(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
defendant 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 defendant shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all in-cumbrances created by the defendant
or any person claiming under him or any person under whom he claims and free from all liability
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff
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 defendant
shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely
debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule
annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the
said property; and that the parties shall be 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.
Schedule
Description of the mortgaged property]
1
[No. 7A
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR
decree a decree for sale is passed
(Order XXXIV, rule 7.—Where accounts are directed to be taken.)
(Title)
This suit coming on this .........day, etc.; It is hereby ordered and decreed 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 principal and interest on the
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 defendant
or by any other person by the order or for the use of the defendant or which without the wilful default
of the defendant or such person might have been so received;
(iii) an account of all sums of money property 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
interest 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 principal, or, failing both such rates, at nine per cent. per annum);
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
255
(iv) an account of any loss or damage caused to the mortgaged property before this date by any
act or omission of the defendant 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.
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 defendant 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 defendant
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 despatch 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 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, such sum as the Court shall
find due and the sum of Rs. ………………… for the costs of the suit awarded to the defendant;
(ii) that, or 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
defendant 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 defendant shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all incumbrances created by the defendant
or any person claiming under him or any person under whom the claims and shall, if so required,
deliver up to the plaintiff 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 defendant
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 defendant shall produce before the Court or such officer as it appoints, all
documents in his possession of 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 therefrom of the expenses of the sale) in payment of the
amount payable to the defendant under this decree and under any further orders that may be passed in his
suit and in payment of any amount which the Court may adjudge due to the defendant 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 plaintiff or other persons
entitled to receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant 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 plaintiff for the amount of the
balance; and 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.
Schedule
(Description of the mortgaged property).]
256
1
[No. 7B
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
for foreclosure is passed
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
(Title)
This suit coming on this …….……. day, etc.; It is hereby declared that the amount due to the
defendant 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) properly incurred by the
defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...…….
for the costs of the suit awarded to the defendant, making in all the sum of Rs. ……………
2. 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 cost 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 defendant 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 defendant shall, if so required, re-convey or
re-transfer the said property free from the said mortgage and clear of and from all incumbrances
created by the defendant or any person claiming under him or any person under whom he claims, and
free from all liability whatsoever arising from the mortgage or this suit and shall, if so required,
deliver up to the plaintiff quiet and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and
foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed
hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said
property; and that the parties shall be 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.
Schedule
Description of the mortgaged property]
1
[No. 7C
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
for sale is passed
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
(Title)
This suit coming on this …………… day, etc.; It is hereby declared that the amount due to the
defendant 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) properly incurred by the
defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for
the cost of this suit awarded to the defendant, making in all the sum of Rs. ……………
2. 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 he extended by the Court the said sum of Rs. …………… ;
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
257
(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 defendant
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 such person as he
appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff
free from the said mortgage and clear of and from all incumbrances created by the defendant or any
person claiming under him or any person under whom he claims and shall, if so required, deliver up to the
plaintiff quiet and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
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 defendant shall produce before the Court or such officer as it appoints all
documents in his possession or power relating to the mortgaged property.
4. 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 therefrom of the expenses of the sale) in payment of the
amount payable to the defendant 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 defendant 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 plaintiff or other persons
entitled to the same.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall
be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any
law for the time being in force) to apply for a personal decree against the plaintiff 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.
Schedule
Description of the mortgaged property]
1
[No. 7D
FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
(Order XXXIV, rule 8.)
(Title)
Upon reading the preliminary decree in this suit on the .............…. day of ……….…. and further
order (if any) dated the ………..…… day of ……………... , and the application of the defendant dated
the ……….... day of ………..…… for a final decree and after hearing the parties, and it appearing that
the payment as directed by the said decree and orders has not been made by the plaintiff or any person on
his behalf or any other person entitled to redeem the mortgage.
It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the
property in the aforesaid preliminary decree mentioned *[and (if the plaintiff be in possession of the said
mortgaged property) that the plaintiff shall deliver to the defendant quit and peaceable possession of the
said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this
day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and
extinguished.
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
* Words not required to be deleted.
258
1
[No. 7E
FINAL DECREE FOR SALE IN A REDEMPTION ON SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
(Order XXXIV, rule 8)
(Title)
Upon reading the preliminary decree in this suit on the ……………. day of ……………….. and
further order (if any) dated the …………….. day of ……………….. , and the application of the
defendant dated the ……………… day of ………………. for a final decree and after hearing the parties,
and it appearing that the payment directed by the said decree and orders has not been made by the
plaintiff or any person on his behalf or any other person entitled to redeem the mortgage;
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall
produce before the Court, or such officer as it appoints, all documents in his possession or power relating
to the mortgaged property.
2. 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 therefrom of the expenses of the sale) in payment of the
amount payable to the defendant under the aforesaid preliminary decree and under any further orders that
may have been passed in this suit and in payment of any amount which the Court may have adjudged due
to the defendant for such costs of this suit including the costs of this application and such costs, charges
and expenses as may be payable under rule l0, together with the 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 plaintiff or other persons entitled to receive the same.]
1
[No. 7F
FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE
amount of the decree
(Order XXXIV, rule 3, 5 and 8)
(Title)
This suit coming on this ................................. day for further consideration and it appearing that on
the …………….. day of ……………….. the mortgagor or …………….. , the same being a person
entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree
dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:—
(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary
decree mentioned in favour of the mortgagor *[or, as the case may be, ……………….. who has
redeemed the property] or an acknowledgement of the payment of the amount due in his favour;
(ii) the mortgagee do bring into Court all documents in his possession and power relating to the
mortgaged property in the suit.
2. And it is hereby further ordered and decreed that upon the mortgagee executing the deed of reconveyance or acknowledgement in the manner aforesaid,—
(i) the said sum of Rs. ……………… be paid out of Court to the mortgagee;
(ii) the said deeds and documents brought into the Court be delivered out of Court to the
mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in
registering, at the cost of the mortgagor *[or other person making the payment], the said deed of
re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and
(iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the
mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
* Words not required to be deleted.
259
the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has
made the payment].
1
[No. 8
DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED
property
(Order XXXIV, rules 6 and 8A)
(Title)
Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and
reading the final decree passed in the suit on the .................... day of ......................... and the Court being
satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. ………….
and have been paid to the applicant out of the Court on the ………………... day of ……………….. and
that the balance now due to him under the aforesaid decree is Rs. ………… ;
And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor
(plaintiff or defendant, as the case may be) personally;
It is hereby ordered and decreed as follows:—
That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or
plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent.
per annum from the ………………… day of ……………….. (the date of payment out of Court referred
to above) up to the date of realisation of the said sum, and the costs of this application.]
1
[No. 9
preliminary decree for foreclosure of sale
[Plaintiff
.
.
.
.
.
.
.
.
.
.
.
1st Mortgagee,
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 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.)
2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to
defendant No. 2 *[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:—].
3. 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
1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
* Words not required to be deleted.
260
(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 plaintiff shall, if so required, re-convey or
re-transfer the said property free from the said mortgage and clear of and from all incumbrances created
by the plaintiff or any person claiming under him or any person under whom he claims, and also free
from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to
the defendant No……… (who has made the payment) quiet and peaceable possession of the said
property.
(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be
due to defendant No. 2 with such variations as may be necessary having regard to the nature of his
mortgage).
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount
due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree—
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only
remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and
severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem
the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to
the plaintiff quiet and peaceable possession of the said property; or
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof
shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such
officer as it appoints, all documents in his possession or power relating to the mortgaged property;
and
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised by
such sale shall be paid into Court and be duly applied (after deduction therefrom 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 have been passed in this suit and in payment of the 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 applied in payment of the amount due to defendant No. 2; and that if any
balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same;
and
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the
amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as
the case may be, shall be at liberty (when such remedy is open under the terms of their respective
mortgages and is not barred by any law for the time being in force) to apply for a personal decree
against defendant No. 1 for the amounts remaining due to them respectively.
* Words not required to be deleted.
261
5. And it is hereby further ordered and decreed—
(a) that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the
plaintiff, but defendant No. 1 makes default in the payment of the said amount, defendant No. 2 shall
be at liberty to apply to the Court to keep the plaintiff's mortgage alive for his benefit and to apply for
a final decree (in the same manner as the plaintiff might have done under clause 4 above)—
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and
from all right to redeem the mortgaged property described in the Schedule annexed hereto and
shall, if so required, deliver up to defendant No. 2 quiet and peaceable possession of the said
property;] or
*[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes
of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all
documents in his possession or power relating to the mortgaged property;] and
(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
whole of the liability of defendant No. 1 arising from the plaintiff's mortgage or from the mortgage of
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
6. And it is hereby further ordered and decreed * [in the case where a sale is ordered under clause 5
above]—
(i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction
therefrom of the expenses of the sale) first in payment of the amount paid by defendant No. 2 in respect
of the plaintiff's mortgage and the costs of the suit in connection therewith and in payment of the
amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that
the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in
respect of his own mortgage under this decree and any further orders that may be passed and in payment
of the amount which the Court may adjudge due in respect of such costs of this suit and such costs,
charges and expenses as may be payable to defendant No. 2 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 defendant No. 1 or other persons
entitled to receive the same; and
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due
in respect of the plaintiff's mortgage or defendant No. 2’s mortgage, defendant No. 2 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 No. 1 for the amount of the balance.
7. And it is hereby further ordered and decreed 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.
Schedule
Description of the mortgaged property
1
[No. 10
PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON
subsequent mortgage
[Plaintiff
.
.
.
.
.
.
.
2nd Mortgagee,
.
Mortgagor,
vs.
Defendant No. 1.
.
.
.
.
.
Defendant No. 2
.
.
.
.
.
1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.
* Words not required to be deleted.
262
.
1st Mortgagee].
(Order XXXIV, rules 2, 4, and 7)
(Title)
The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2
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) properly incurred by
defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for
the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ……………….
(Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the
plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date
of the suit.)
2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in
priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are
entitled in the following order to the payment of the sums due to them respectively :—]
3. And it is hereby ordered and decreed as follows:—
(i) (a) that the plaintiff or defendant No. 1 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 extended by the Court the
said sum of Rs. ………………. due to defendant No. 2; 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 the plaintiff; and
(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No 1 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 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, defendant No. 2 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 defendant No. 1 (whoever made the payment), or to such person as he appoints,
and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said
mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming
under him or any person under whom he claims, and also free from all liability whatsoever arising
from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1
(whoever has made the payment) quiet and peaceable possession of the said property.
(Similar declarations) to be introduced, if defendant No. 1 pays the amount found or declared due the
plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount
due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed
or a final decree—
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the or remedy
provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No. 1
jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to
redeem the mortgaged property described in the Schedule annexed hereto and shall; if required, deliver
to the defendant No. 2 quiet and peaceable possession of the said property; or
* Words not required to be deleted.
263
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof
shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court
such officer as it appoints, all documents in his possession or power relating to the mortgaged
property and
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised such
sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of sale) in
payment of the amount payable to defendant No. 2 under the decree and any further orders that may be
passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in
respect of such costs of the suit and such costs, charges and expenses as may be payable to plaintiff
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 applied in
payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid defendant
No. 1 or other persons entitled to receive the same; and
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts
due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may
be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for
the amounts remaining due to them respectively.
5. And it is hereby further ordered and decreed,—
(a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to
defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall
be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply
for final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)—
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and
from all right to redeem the mortgaged property described in the Schedule annexed hereto and
shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said
property]; or
*[(ii) that the mortgaged property or a sufficient part thereof be sold and that 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;] and
(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5
above)—
(i) that the money realised by such sale shall be paid into Court and be duly applied (after
deduction therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in
respect of defendant No. 2’s mortgage and the cost of the suit in connection therewith and in payment
of the amount which the Court may adjudge due in respect of subsequent interest on the said amount;
and that the balance, if any, shall then be applied in payment of the amount adjudged due to the
plaintiff in respect of his own mortgage under this decree and any further orders that may be passed
and in payment of the amount which the Court may adjudge due in respect of such costs of the suit
and such costs, charges and expenses as may by payable to the plaintiff 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 defendant No. 1 or
other persons entitled to receive the same; and
* Words not required to be deleted
264
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the
amount due in respect of defendant No. 2’s mortgage or the plaintiff's mortgage, defendant No. 2
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 defendant No. 1
for the amount of the balance.
7. And it is hereby further ordered and decreed 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.
Schedule
Description of the mortgaged property]
1
[No. 11
preliminary decree for sale
Plaintiff
.
.
.
.
.
.
.
Sub or derivative mortgagee
vs.
[Defendant No. 1
.
.
.
.
.
.
Mortgagor,
Defendant No. 2
.
.
.
.
.
.
Original Mortgagee.]
(Order XXXIV, rule 4)
(Title)
This suit coming on the ………….…….. day, etc.; It is hereby declared that the amount due to
defendant No. 2 on his mortgage 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) in respect of the
mortgage-security together with interest thereon and the sum of Rs. …………… for the costs of the suit
awarded to defendant No. 2, making in all the sum of Rs. ……………
(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the
plaintiff in respect of his mortgage.)
2. And it is hereby ordered and decreed as follows:—
(i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any
later date of up to which time for payment may be extended by the Court the said sum of Rs. ……….
due to defendant No. 2;
(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2
being at liberty to pay such amount.)
(ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the
manner prescribed in clause 2 (i) 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 and defendant No. 2 shall bring into Court all documents in their possession or power
relating to the mortgaged property in the plaint mentioned, and all such documents (except such as
relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he
appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant
No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or
any person claiming under him or any person under whom he claims, and free from all liability
1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.
* Words not required to be deleted.
265
arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and
peaceable possession of the said property; and
(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2
the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together
with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under
rule 10, together with such subsequent interests 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 then be
paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the
sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of
the mortgage and is not barred by any law for the time being in force) to apply for a personal decree
against as defendant No. 2 for the amount of the balance.
3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this
suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc.,
[as in sub-clause (ii) of clause 2].
4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2
as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being
made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the
purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it
appoints, all documents in their possession or power relating to the mortgaged property.
5. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the
amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other 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 applied in payment of the amount due to defendant No. 2; and that, if any balance
be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same.
6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2, the plaintiff or
defendant No. 2, or both of them, as the case may be, shall be at liberty (if such remedy is open under
their respective mortgages and is not barred by any law for the time being in force) to apply for a personal
decree against defendant No. 2 or defendant No. 1 (as the case may be) for the amount of the balance.
7. And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of
this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the
amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree
for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced
according to the nature of defendant No. 2’s mortgage and the remedies open to him thereunder).
8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as
they may have occasion, and on such application or otherwise the Court may give such directions as it
thinks fit.
Schedule
Description of the mortgaged property]
No. 12
decree for rectification of instrument
(Title)
IT is hereby declared that ……………. , dated the ……………. day of …………… 20 ….... , does
not truly express the intention of the parties to such …………………….
And it is decreed that the said ……………….. be rectified by …………………..
Here insert name of proper officer.
266
No. 13
decree to set aside a transfer in fraud of creditors
(Title)
IT is hereby declared that the …………… , dated the …………… day of ………. 20 …….. , and
made between …………… and ……….. , is void as against the plaintiff and all other the creditors, if any,
of the defendant
No. 14
injunction against private nuisance
(Title)
LET the defendant ………………. , his agents, servants and workmen, be perpetually restrained from
burning, or causing to be burnt, any bricks on the defendant’s plot of land marked B in the annexed plan,
so as to occasion a nuisance to the plaintiff as the owner or occupier of the dwelling-house and garden
mentioned in the plaint as belonging to and being occupied by the plaintiff.
No. 15
injuntion against building higher than old level
(Title)
LET the defendant …………….. , his contractors, agents and workmen, be perpetually restrained
from continuing to erect upon his premises ………………… any house or building of a greater height
than the buildings which formerly stood upon his said premises and which have been recently pulled down,
so or in such manner as to darken, injure or obstruct such of the plaintiff’s windows in his said premises as
are ancient lights.
No.16
injunction restraining use of private road
(Title)
LET the defendant …………….. his agents, servants and workmen, be perpetually restrained from
using or permitting to be used and part of the lane at …………… , the soil of which belongs to the
plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the
land marked B in the annexed plan or for any purpose whatsoever.
No. 17
preliminary decree in an administration-suit
(Title)
IT is ordered that the following accounts and inquiries be taken and made; that is to say :—
In creditor’s suit—
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
In suits by legatees—
2. That an accounts be taken of the legacies given by the testators will,
In suits by next-of-kin—
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled
to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and
accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the
267
first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first
paragraph and such of the others as may be necessary will follow, omitting the first formal words. The
form is continued as in a creditor's suit.]
4. An account of the funeral and testamentary expenses.
5. An account of the movable property of the deceased come to the hands of the defendant, or to the
hands of any other person by his order or for his use.
6. An inquiry what part (if any) of the movable property of the deceased is outstanding and
undisposed of.
7. And it is further ordered that the defendant do, on or before the day of next, pay into, Court
all sums of money which shall be found to have come to his hands, or to the hands of any person by his
order or for his use.
8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell
any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid
into Court.
9. And that Mr. E. F. be receiver in the suit (or proceeding) and receive and get in all outstanding
debts and outstanding movable property of the deceased, and pay the same into the hands of the ………..
*(and shall give security by bond for the due performance of his duties to the amount of ……….. rupees).
10. And it is further ordered that if the movable property of the deceased be found insufficient for
carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that
is to say—
(a) an inquiry what immovable property the deceased was seized of or entitled to at the time of
his death;
(b) an inquiry what are the encumbrances (if any) affecting the immovable property of the
deceased or any part thereof;
(c) an account, so far as possible, of what is due to the several incumbrancers, and to include a
statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter
directed.
11. And that the immovable property of the deceased, or so much thereof as shall be necessary to
make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the
Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to
the incumbrances of such of them as shall not consent.
12. And it is ordered that G. H. shall have the conduct of the sale of the immovable property, and
shall prepare the conditions and contracts of sale subject to the approval of the …………… * and that in
case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.
13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the ……….
*shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in
any other way which shall appear to the …....……….. *to give the most useful publicity to such inquiries.
14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts
ordered to be done be completed, before the day of ……………. and that the ………………* do certify
the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his
certificate in that behalf ready for the inspection of the parties on the ……………. day of …………..
* Here insert name of proper officer.
268
15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to
the day of …………………….
[Such part only of this decree is to be used as is applicable to the particular case.]
No. 18
final decree in an administration-suit by a legatee
(Title)
1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay
into Court the sum of Rs. ………….. , the balance by the said certificate found to be due from the said
defendant on account of the estate of …………….. , the testator and also the sum of Rs. ……… for
interest, at the rate of Rs. ……………. per cent. per annum, from the …………….. day of ………….. to
the …………. day of …………, amounting together to the sum of Rs. ………………..
2. Let the …………………* of the said Court tax the costs of the plaintiff and defendant in this suit,
and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. …………….
ordered to be paid into Court as aforesaid, as follows:—
(a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of
the defendant to Mr. ……………… , his attorney [or pleader].
(b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment
of the plaintiff’s and defendant's costs as aforesaid let the sums, found to be owing to the several
creditors mentioned in the schedule to the certificate, of the ………….. .*, together with subsequent
interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount
coming to the several legatees mentioned in the ………………. schedule, together with subsequent
interest (to be verified as aforesaid), be paid to them.
3. And if there should then be any residue, let the same be paid to the residuary legatee.
No. 19
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD
personally liable for the payment of legacies
(Title)
1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed
to the plaintiff. —
2. And it is ordered that an account be taken of what is due for principal and interest on the said
legacy.
3. And it is also ordered that the defendant do, within …………….. weeks after the date of the
certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify
to be due for principal and interest.
4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in
case the parties differ.
* Here insert name of proper officer.
269
No. 20
final decree in an administration-suit by next-of-kin
(Title)
1. LET the …………….. * of the said Court tax the costs of the “plaintiff and defendant in this suit,
and let the amount of the said plaintiff’s costs, when so taxed, be paid by the defendant to the plaintiff out
of the sum of Rs. ……………. , the balance, by the said certificate found to be due from the said
defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the
said costs by the said ……………….. *and let the defendant retain for her own use out of such sum her
costs, when taxed.
2. And it is ordered that the residue of the said sum of Rs. ………………… after payment of the
plaintiff’s and defendant’s costs as aforesaid, be paid and applied by defendant as follows:—
(a) Let the defendant, within one week after the taxation of the said costs by the *……………. as
aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right
as the sister and one of the next-of-kin of the said E.F., the intestate.
(b) Let the defendant retain for her own use one other third share of said residue, as the mother
and one of the next-of-kin of the said E.F., the intestate.
(c) And let the defendant, within one week after the taxation of the said costs by the *…………..
as aforesaid, pay the remaining one-third share of the said residue to G. H., as the brother and the
other next- of-kin of the said E.F. the intestate.
No. 21
PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP
accounts
(Title)
IT is declared that the proportionate shares of the parties in the partnership are as follows:—
It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as
from the ………….. day of ………… and it is ordered that the dissolution thereof as from that day be
advertised in the …………………. Gazette, etc.
And it is ordered that ……………… be the receiver of the partnership-estate and effects in this suit
and do get in all the outstanding book-debts and claims of the partnership.
And it is ordered that the following accounts be taken:—
1. An account of the credits, property and effects now belonging to the said partnership;
2. An account of the debts and liabilities of the said partnership;
3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of
the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled
accounts.
And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant
as in the plaint mentioned; and the stock-in-trade, be sold on the premises, and that the ………….. *may,
on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and
that either of the parties is to be at liberty to bid at the sale.
And it is ordered that the above accounts be taken, and all the other acts required to be done be
completed, before the ……….. day of ……… , and that the * ……….. do certify the result of the
accounts, and that all other acts are completed, and have his certificate in that behalf ready for the
inspection of the parties on the day of ……….. And, lastly, it is ordered that this suit stand adjourned for
making a final decree to the ………. day of …………
* Here insert name of proper officer.
270
No. 22
FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNT
(Title)
IT is ordered that the fund now in Court, amounting to the sum of Rs. …………… , be applied as
follows:—
1. In payment of the debts due by the partnership set forth in the certificate of the * ………...…..
amounting the whole to Rs. ……………
2. In payment of the costs of all parties in this suit, amounting to Rs. ……………….. [These
costs must be ascertained before the decree is drawn up.]
3. In payment of the sum of Rs. …………… to the plaintiff as his share of the partnership-assets,
of the sum of Rs. …………….. , being the residue of the said sum of Rs. …………. now in Court, to
the defendant as his share of the partnership-assets.
[Or, And that the remainder of the said sum of Rs. …………… be paid to the said plaintiff (or
defendant) in part payment of the sum of Rs. ……………… certified to be due to him in respect of
the partnership-accounts.]
4. And that the defendant [or plaintiff] do on or before the ………… day of …………. pay to the
plaintiff [or defendant] the sum of Rs. ………… being the balance of the said sum of Rs ………….
due to him, which will then remain due.
No. 23
decree for recovery of land and mesne profit
(Title)
IT is hereby decreed as follows:—
1. That the defendant do put the plaintiff in possession of the property specified in the schedule
hereunto annexed.
2. That the defendant do pay to the plaintiff the sum of Rs. ………..... with interest thereon at the
rate of ……….… per cent. per annum to the date of realization on account of mesne profits which
have accrued due prior to the institution of the suit.
Or
2. That an inquiry be made as to the account of mesne profits which have accrued due prior to the
institution of the suit.
3. That an inquiry be made as to the amount mesne profits from the institution of the suit
until [the delivery of possession to the decree-holder] [the relinquishment of possession by the
judgment-debtor with notice to the decree-holder through the Court] [the expiration of three years
from the date of the decree].
Schedule
* Here insert name of proper officer.
271