Roop's Law Assist
Waitlist

Section 3

And it is hereby ordered and decreed as follows:—

Back to ActAct Subordinates
3. And it is hereby ordered and decreed as follows:— (i) (a) that the plaintiff or defendant No. 1 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 extended by the Court the said sum of Rs. ………………. due to defendant No. 2; and (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 the plaintiff; and (ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No 1 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 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, defendant No. 2 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 plaintiff or defendant No. 1 (whoever made the payment), or to such person as he appoints, and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by defendant No. 2 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 plaintiff or defendant No. 1 (whoever 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 due the plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)