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).
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 the 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 cf 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 document 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 sai mortgage and clear of and from all encumbrances created by the defendant or any person claiming under him or any person under whom he claims and shall, if so required, deliver u 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 she 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 the mortgaged property.
4. And it is hereby further ordered and decreed that the money released by such ss shall be paid into Court and shall be duly applied (after deduction therefrom of the e penses of the sale) in payment of the amount payment of any amount which the Coi may adjudge due to the defendant in respect of such costs of the suit and such costs, ch; ges and expenses as may be payable under rule 10, together with such subsequent inter as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or lot persons entitled to the same.
5. And it is hereby further ordered and decreed that, if the money released by such s shall not be sufficient for the payment in full of the amount payable to the defendant aforesaid, the defendant shall be at liberty (where such remedy is open to him under the tie of the mortgage and is not barred by any law for the time being in force) to apply for a peruse decree against the plaintiff for the amount of the balance; and that the parties are at liberate apply to the Court from time to time as they may have occasion, and on such application otherwise the Court may give such directions as it thinks fit.
Description of the mortgaged property
HIGH COURT AMENDMENT
Kerala.-In Appendix D, omit Form No. 7C.