Law Maker

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

Order XXXIV Rule 15: Mortgages by the deposit of title deeds and charges

The Code of Civil Procedure, 1908

1[2[(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882);

3[(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.]

Footnotes in the official text

  1. 1.Subs. by Act 21 of 1929, s. 7, for rule 15.
  2. 2.Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977).
  3. 3.Ins. by s. 82, ibid. (w.e.f. 1-2-1977).

Practise questions on Civil Procedure Code