Where any property the sale of which is directed under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, direct that the property- be sold free from the same, giving to such prior mortgagee the same interest in the proceeds of the sale as he had in the property sold.
THE FIRST SCHEDULE · ORDER XXXIV Suits relating to mortgages of immovable property
Order XXXIV Rule 12: Sale of property subject to prior mortgage
The Code of Civil Procedure, 1908