No, 7E DEFENSE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR SALE IS PASSED (Order XXXIV, rule 4).
This suit coming on this ………day, etc. it is hereby declared that the amount due to 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 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 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 with interest, if any, 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 7, of Order XXXIV of the First Schedule to the Code of Civil Procedure, (Act V of 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 to the plaintiff free from the said mortgage and clear of 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 up to the plaintiff quiet peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the mortgaged property described in the schedule annexed hereto or a sufficient part thereof be sold, and that for the purpose 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 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 have been passed in this suit and in payment of any amount with interest, if any, which the Court may have adjudged due to the defendant for such costs of the suit including the costs of this application and such costs, charges and expenses as may be payable under rule 7 of Order XXXIV of the First Schedule to the Code of Civil Procedure, (Act V of 1908) and that the balance, if any, shall be paid to the plaintiff 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 for payment in full of the amount payable to the defendant as aforesaid the balance if legally recoverable from the plaintiff otherwise than out of the property sold, be paid by the plaintiff personally.
(Description of the mortgaged property).
[Vide Kerala Gazette No. 3, Pt. III, G-347/S, dated 15th January, 1974.]