Order XXXIV Rule 12: Sale of property subject to prior mortgage
The Code of Civil Procedure · Code of Civil Procedure · Order XXXIV · in_force
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Where any property the sale of which is directed under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, direct that the property be sold free from the same, giving to such prior mortgagee the same interest in the proceeds of the sale as he had in the property sold.
Effective date: 1909-01-01
Related sections
Order XXXIV Rule 11: Payment of interestOrder XXXIV Rule 13: Application of proceedsOrder XXXIV Rule 10: Costs of mortgagee subsequent to decreeOrder XXXIV Rule 14: Suit for sale necessary for bringing mortgaged property to saleOrder XXXIV Rule 1: Parties to suits for foreclosure, sale and redemptionOrder XXXIV Rule 15: Mortgages by the deposit of title deeds and charges
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