Final Decree for Sale (Order Xxxiv, Rule 5.)

(Title)

1.    
Upon
reading the preliminary decree passed in this suit on the………………day
of………………….and further orders (if any) dated
the……………………..day of…………………….and the application
of the plaintiff dated the………………day of…………………..for a
final decree and after hearing the parties and it appearing that the payment
directed by the said decree and orders has not been made by the defendant or
any person on his behalf or nay other person entitled to redeem the mortgage:

It
is hereby ordered and decreed that the mortgaged property in the aforesaid
preliminary decree mentioned or a sufficient part thereof be sold, and that for
the purposes of such sale the plaintiff shall produce before the Court or such
officer as it appoints all documents in his possession or power relating to the
mortgaged property.

2.    
And
it is hereby further ordered and decreed that the money realised by such sale
shall be paid into the Court and shall be duly applied(after deduction there
from of the expenses of the sale) in payment of the amount payable to the
plaintiff under the aforesaid preliminary decree and under any further orders
that may have been passed in this suit and in payment of any amount which the
Court may have adjudged due to the plaintiff for such costs of the suit
including the costs of this application and such costs, charges and expenses as
may be payable under rule 10, together with such subsequent interest as may be
payable under rule 11, of Order XXXIV of the First Schedule to the Code of
Civil Procedure, 1908, and that the balance, if any, shall be paid to the
defendant or other persons entitled to receive the same.

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