No. 9 — THE CODE OF CIVIL PROCEDURE, 1908 ARRANGEMENT OF SECTIONS

1 [No. 9 PRELIMINARY DECREE FOR FORECLOSURE OF SALE [Plaintiff . . . . . . . . . . . 1st Mortgagee, vs Defendant No. 1 . . . . . . . . . . . Mortgagor, Defendant No. 2 . . . . . . . . . . . 2nd Mortgagee.] (Order XXXIV, rules 2 and 4) (Title) The suit coming on this ……………. day, etc; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day of ……………… is the sum of Rs. ………………….. for principal, the sum of Rs. …………………. for interest on the said principal, the sum of Rs. ……………… for costs, charges and expenses (other than the costs of the suit) incurred by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. . (Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.) It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No. 2 * [or (if there are several subsequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:—]. And it is hereby ordered and decreed as follows:— (i) (a) that defendants or one of them 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 the plaintiff; and

Section 1