(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-rule (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 repayment 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.
Order XXXIV Rule 1 CPC Parties to suits for foreclosure sale and redemption
Order XXXIV Rule 2 CPC Preliminary decree in foreclosure suit
Order XXXIV Rule 3 CPC Final decree in foreclosure suit
Order XXXIV Rule 4 CPC Preliminary decree in suit for sale'
Order XXXIV Rule 5 CPC Final decree in suit for sale
Order XXXIV Rule 6 CPC Recovery of balance due on mortgage in suit for sale
Order XXXIV Rule 7 CPC Preliminary decree in redemption suit
Order XXXIV Rule 8 CPC Final decree in redemption suit
Order XXXIV Rule 8A CPC Recovery of balance due on mortgage in suit for redemption