Order XXXIV Rule 5: Final decree in suit for sale

(1) Where, on or before the day fixed or at any time before the confirmation of a sale made in pursuance of a final decree passed under sub rule (3) of this rule, the defendant makes payment into Court of all amounts due from him under sub sule (1) of rule 4, the Court shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been passed, an order (a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and if necessary, (b) ordering him to transfer the mortgaged property as directed in the said decree, and, also, if necessary, (c) ordering him to put the defendant in possession of the property. (2) where the mortgaged property or part thereof has been sold in pursuance of a decree passed under sub rule (3) of this rule, the Court shall not pass an order under sub rule (1) of this rule, unless the defendant, in addition to the amount mentioned in sub rule (1), deposits in Court for payment to the purchaser a sum equal to five per cent of the amount of the purchase money paid into Court by the purchaser. Where such deposit has been made, the purchaser shall be entitled to an order for re payment of the amount of the purchase money paid into Court by him, together with a sum equal to five per cent, thereof. (3) Where payment in accordance with sub rule (1) has not been made, the Court shall, on application made by the plaintiff in this behalf, pass a final decree directing that the mortgaged property or a sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided in sub rule (1) of rule 4.

Effective date: 1909-01-01

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