APPENDIX D - PRELIMINARY DECREE FOR FORECLOSURE OR SALE

Appendix D - Preliminary Decree for Foreclosure or Sale

Appendix D - Preliminary Decree for Foreclosure or Sale

[Plaintiff....... 1st Mortgage,

Vs.

Defendant No.1....... Mortgagor.

Defendant No.2....... 2nd Mortgagee.]

(Order XXXIV, rules 2 and 4)

(Title)

1. The suit coming on this ......................day, etc.; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs. For principal, the sum of Rs............... For interest on the said principal, the sum of Rs..........For costs, charges and expenses (other than the costs of the suit) incurred by the plaintiff in respect of the mortgage-security with interest thereon and the sum of Rs............ For the costs of this suit awarded to the plaintiff, making in all the sum of Rs............

(Similar declarations to be introduced with regard to the amount due to defendant No.2 in respect of his mortgage if the mortgage-money due there under has become payable at the date of the suit.)

2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No.2 {Words not required to be deleted} [or (if there are several subsequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:-].

3. And it is hereby ordered and decreed as follows:-

a. that defendants or one of them do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to the plaintiff; and

b. that defendant No.1 do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to defendant No.2; and

ii. that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in the manner prescribed in clause (I) (a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant No. (who has made the payment) or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and

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Appendix D - Preliminary Decree for Foreclosure or Sale Format

Need a reliable Appendix D - Preliminary Decree for Foreclosure or Sale for Indian use? Download this customisable legal template on Contract Easily in PDF or Word, fill in parties, dates and particulars, and execute with the attestation or stamp formalities that apply in your State.

What is a Appendix D - Preliminary Decree for Foreclosure or Sale?

A Appendix D - Preliminary Decree for Foreclosure or Sale is a ready-to-use deed / property instrument under the General Agreements collection. It sets out the roles of the parties, the subject matter, and the operative terms you must complete before signing. In India such drafts are generally read with the Indian Contract Act, 1872 and any subject-specific statute that fits the document (for example CPC/BNSS for pleadings, Transfer of Property / Registration practice for deeds, or stamp/notary rules for affidavits)—customise only what truly applies to your facts.

From the operative draft, this template typically covers points such as: “Appendix D - Preliminary Decree for Foreclosure or Sale [Plaintiff.......” “2nd Mortgagee.] (Order XXXIV, rules 2 and 4) (Title) 1.”

Why is a Appendix D - Preliminary Decree for Foreclosure or Sale Important?

Clarity of parties and purpose: Reduces disputes over who is bound and what was agreed.
Structured blanks: Forces completion of names, dates, amounts, schedules and annexures.
Risk allocation: Keeps operative clauses (consideration, duties, default, termination) visible before signing.
Evidence value: A filled, signed template is far stronger than informal chats or unsigned drafts.
Process readiness: Helps you prepare for notary, registration, filing or commercial execution as applicable.
Faster turnaround: Starts from a tested skeleton instead of a blank page.

Key Elements of the Appendix D - Preliminary Decree for Foreclosure or Sale Format

Title and parties: Full legal names and addresses of every side.
Recitals / background: Short context of why the document is being made.
Operative clauses: The binding promises, rights and duties.
Consideration / fees / amounts: Money, services or other exchange, if any.
Schedules and annexures: Property, equipment, claims or particulars lists.
Duration, renewal and termination: How long it runs and how it ends.
Default and remedies: What happens on breach.
Governing law / dispute route: Indian law and forum/arbitration as drafted.
Execution block: Signatures, witnesses, date and place.
Stamp / attestation notes: Complete as required in your State.

Who Should Use This Appendix D - Preliminary Decree for Foreclosure or Sale Format?

Individuals, firms and companies that need a practical Indian deed / property instrument.
Advocates and clerks who want a clean starting draft to customise.
Businesses standardising vendor, HR, property or litigation paperwork.

Download Your Ready-to-Use Appendix D - Preliminary Decree for Foreclosure or Sale Now

Get instant access to this Appendix D - Preliminary Decree for Foreclosure or Sale on Contract Easily. Customise the blanks, review with counsel where stakes are high, and download for execution.

Final Note

This template is a general format for convenience. It is not a substitute for advice from a qualified Indian advocate. Stamp duty, registration, court fees and attestation rules vary by State and document type—confirm local requirements before signing or filing.

Important Guidelines

Customise this Appendix D - Preliminary Decree for Foreclosure or Sale to your facts: enter party names and addresses exactly as on ID or incorporation records, fill all blanks (dates, amounts, schedules), and keep operative clauses intact unless counsel advises otherwise. Confirm State stamp, notary, registration or filing rules before signing, and keep copies of the executed set. This is a general Indian deed / property instrument template—not a substitute for advice from a qualified advocate.

Supporting Documents

Documents commonly required when preparing and executing a Appendix D - Preliminary Decree for Foreclosure or Sale. Exact lists vary by State and receiving authority.

Photo identity proof of parties / deponent
Aadhaar, PAN, passport, voter ID, or driving licence.
When: Always, for identification and KYC.
Address proof
Aadhaar, utility bill, or other accepted address proof.
When: Usually required for notarization / filing.
Supporting title or factual documents
Prior deeds, agreements, notices, court papers, or records relevant to this template.
When: When the document relies on earlier transactions or proceedings.
Passport-size photographs
As required by the notary or filing office.
When: Often for affidavits and certain applications.
Stamp paper (if applicable)
Non-judicial stamp paper of the local required denomination.
When: Where State law requires the instrument on stamp paper.

Frequently asked questions

What is a Appendix D - Preliminary Decree for Foreclosure or Sale?→

It is a standard Indian legal deed / property instrument template you can customise with parties, dates and particulars, then execute or file as your facts and local practice require.

Is this template valid across India?→

The structure is drafted for Indian legal practice, but stamp duty, registration, court fee and attestation rules are State-specific. Confirm requirements where you will execute or file.

Do I need a lawyer to use this template?→

It is a strong starting point. For disputed, high-value or complex matters, have a qualified Indian advocate review the completed draft before signing.

Can I edit the wording?→

Yes—adapt particulars to your facts. Do not delete operative legal clauses without advice, as that can weaken enforceability.

What stamp paper value should I use?→

Stamp duty depends on the document type and your State. Check the local stamp schedule or ask a stamp vendor / advocate before printing.

Appendix D - Preliminary Decree for Foreclosure or Sale

Appendix D - Preliminary Decree for Foreclosure or Sale

[Plaintiff....... 1st Mortgage,

Vs.

Defendant No.1....... Mortgagor.

Defendant No.2....... 2nd Mortgagee.]

(Order XXXIV, rules 2 and 4)

(Title)

(Similar declarations to be introduced with regard to the amount due to defendant No.2 in respect of his mortgage if the mortgage-money due there under has become payable at the date of the suit.)

3. And it is hereby ordered and decreed as follows:-

a. that defendants or one of them do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to the plaintiff; and

b. that defendant No.1 do pay into Court on or before the day of or any later date up to which time for payment has been extended by the Court the said sum of Rs. Due to defendant No.2; and

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Appendix D - Preliminary Decree for Foreclosure or Sale

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