Order XXXIV Rule 14: Suit for sale necessary for bringing mortgaged property to sale
The Code of Civil Procedure · Code of Civil Procedure · Order XXXIV · in_force
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(1) Where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2. (2) Nothing in sub rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (IV of 1882 ), has not been extended.
Effective date: 1909-01-01
Related sections
Order XXXIV Rule 13: Application of proceedsOrder XXXIV Rule 15: Mortgages by the deposit of title deeds and chargesOrder XXXIV Rule 12: Sale of property subject to prior mortgageOrder XXXIV Rule 3: Final decree in foreclosure suitOrder XXXIV Rule 11: Payment of interestOrder XXXIV Rule 4: Preliminary decree in suit for sale
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