Law Maker

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

Order XXXIV Rule 6: Recovery of balance due on mortgage in suit for sale

The Code of Civil Procedure, 1908

Where the net proceeds of any sale held under 1[rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold, pass a decree for such balance.

Footnotes in the official text

  1. 1.Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).

Practise questions on Civil Procedure Code