No. 8 Decree against Mortgagor Personally for Balance after the Sale of the Mortgaged Property (Order XXXIV, Rules 6 and 8A).
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 of 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.
HIGH COURT AMENDMENT
Kerala.-In Appendix D, omit Form No. 8.