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

Order XXXIV Rule 8A: Recovery of balance due on mortgage in suit for redemption

The Code of Civil Procedure, 1908

1[Where the net proceeds of any sale held under 2[rule 8] are found insufficient to pay the amount due to the defendant, the Court, 3[on application by him in execution], may, if the balance is legally recoverable from the plaintiff otherwise than out of the property sold, pass a decree for such balance.]

Footnotes in the official text

  1. 1.Ins. by Act 21 of 1929, s. 5.
  2. 2.Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).
  3. 3.Subs. by s. 82, ibid., for “on application by him” (w.e.f. 1-2-1977).

Practise questions on Civil Procedure Code