Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. — THE CODE OF CIVIL PROCEDURE, 1908 ARRANGEMENT OF SECTIONS

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. * Words not required to be deleted. (b) that defendant No. 1 do pay into Court on or before the day of ……………………. or any later date up to which time for payment has been extended by the Court the said sum of Rs. …………… due to defendant No. 2; and (ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit 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, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant No………. (who has made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant No……… (who has made the payment) quiet and peaceable possession of the said property. (Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be due to defendant No. 2 with such variations as may be necessary having regard to the nature of his mortgage).

Section 1