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THE FIRST SCHEDULE · ORDER XXXIV Suits relating to mortgages of immovable property

Order XXXIV Rule 14: Suit for sale necessary for bringing mortgaged property to sale

The Code of Civil Procedure, 1908

(1) Where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2.

(2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended.

Questions on this rule

1 question in 6 of our papers cite Order XXXIV Rule 14.

Practise questions on Civil Procedure Code