DECREE FOR SALE(ORDER XXXIV, RULES 4)

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Decree for Sale (Order XXXIV, Rule 4)

Are you involved in a mortgage suit and need a precise Decree for Sale (Order XXXIV, Rule 4) format to enforce the sale of mortgaged property? Our ready-to-use, customizable legal template in PDF or Word format simplifies the process for Indian courts, ensuring compliance with CPC provisions.

What is a Decree for Sale under Order XXXIV Rule 4?

A Decree for Sale (Order XXXIV, Rule 4) is a preliminary decree issued by civil courts in India under the Code of Civil Procedure (CPC), 1908, specifically for mortgage suits where redemption is barred. It directs the sale of the mortgaged property to satisfy the mortgage debt when the mortgagor fails to redeem within the stipulated period. This decree is crucial in foreclosure proceedings, allowing the mortgagee to recover dues through auction or private sale.

Primarily used in cases of mortgage by conditional sale, usufructuary mortgage, or English mortgage, it outlines the rights and liabilities of parties, preventing endless litigation and providing a clear path to debt recovery.

Why is a Decree for Sale (Order XXXIV, Rule 4) Format Important?

Obtaining a standardized Decree for Sale (Order XXXIV, Rule 4) sample is vital for legal practitioners, lenders, and property owners. It ensures adherence to statutory requirements, reducing the risk of appeals or procedural errors. In India, courts strictly interpret Order XXXIV provisions to protect both mortgagor and mortgagee interests. A well-drafted format saves time, minimizes drafting errors, and accelerates case disposal, especially in high-value property disputes.

Key benefits include:

Legal Compliance: Matches court-mandated structure under CPC.
Efficiency: Ready-to-use template speeds up filing.
Customizability: Edit for specific case details like property description, debt amount, and timelines.
Cost-Effective: Avoid expensive lawyer redrafts.

Key Elements of the Decree for Sale Format

A comprehensive Decree for Sale (Order XXXIV, Rule 4) format must include:

Parties' Details: Names, addresses of plaintiff (mortgagee) and defendant (mortgagor).
Property Description: Precise details of mortgaged immovable property, boundaries, and survey numbers.
Mortgage Terms: Date, amount, interest rate, and deed reference.
Declaration of Debt: Outstanding principal, interest, and costs.
Redemption Bar: Statement that redemption period has expired.
Directions for Sale: Order for public auction, appointment of Commissioner if needed.
Proceeds Distribution: Priority to mortgage debt, surplus to mortgagor.
Costs and Interest: Award of court fees, advocate fees post-decree.
Date and Seal: Court signature, date, and cause title.

These elements ensure the decree is executable and enforceable.

Who Should Use This Decree for Sale Format?

This legal template is ideal for:

Banks and financial institutions foreclosing on defaulted loans.
Individual mortgagees in property disputes.
Lawyers handling civil suits under Order XXXIV in District Courts, High Courts.
Real estate firms in recovery actions.

Common use cases: Home loan defaults, commercial property mortgages, agricultural land security disputes across India.

Download Your Decree for Sale (Order XXXIV, Rule 4) Format Now

Get instant access to our free download option or premium paid versions for advanced customization. Available in editable Word and print-ready PDF formats, tailored for Indian legal requirements. Start drafting confidently today!

Customize and Seek Professional Advice

While our Decree for Sale (Order XXXIV, Rule 4) sample is ready-to-use and based on standard precedents, customize it to your case facts. Always consult a qualified lawyer for review, as this is not a substitute for legal advice. Explore related templates like Preliminary Decree for Redemption (Order XXXIV Rule 2), Final Decree for Sale, or Mortgage Deed formats for comprehensive support.

(Word count: 528)

DECREE FOR SALE(ORDER XXXIV, RULES 4)

Decree for sale(Order XXXIV, Rules 4)

[Plaintiff ????????????.Sub or Derivative Mortgagee

Versus

Defendant No. 1 ???????????Mortgagor,

Defendant No. 2 ???????????.Original Mortgagee].

(Order XXXIV, Rules 4)

IN THE COURT OF ??..

SUIT NO??? 20?...

The suit coming on this ????.. day, etc.; It is hereby declared that amount due to defendant No. 2 on his mortgage calculated upto this ???. day of ???? upto this ???. ?????. day of ????? is the sum of Rs???.. for principal, the sum Rs????. for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage security together with interest thereon and the sum of Rs???.. for the costs of the suit awarded to defendant No. 2, making in all the sum of Rs????..

(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the plaintiff in respect of his mortgage)

2. And it is hereby ordered and decreed as follows :

(i) that the defendant No. 1 do pay into Court on or before the said day of ???. Or any later date of up to which time for payment may be extended by the Court and said sum of Rs??? due to defendant No. 2;

(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 being at liberty to pay such amount).

(ii) that on payment to the sum declared due to defendant No. 2 by defendant No. 1 in the manner prescribed in Cl. (2)(i) and on payment thereafter before such date as the Court may fix of such amount with interest if any as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses s may be payable under Rule 7 or Order XXXIV of the First Schedule to the Code of Civil Procedure (Act V of 1908), the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power relating to the mortgaged property in the plaint mentioned and all such documents (except such as relate only to the sub-mortgage) shall be delivered over to defendant No. 1 or to such person as he appoints and defendant No. 2 shall if so required, re-convey or re-transfer the property to defendant No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and peaceable possession of the said property; and

(iii) that upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 the sum declared due to the plaintiff together with subsequent costs of the suit and other costs, charges and expenses as may be payable under Rule 7 of Order XXXIV of the First Schedule to the Code of Civil Procedure (Act V of 1908) be paid to him and that the balance, if any, shall then be paid to defendant No. 3 and that if the amount paid into the plaintiff, the balance if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 2 the plaintiff.

3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc. as in sub-rule (ii) of Cl. 2.

4. And it is hereby further ordered that, in default to payment by defendant Nos.1 and 2 as aforesaid, the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in their possession or power relating to the mortgaged property.

5. And it is hereby further ordered and decreed that the money realized by such sale shall be paid into Court and be duly applied (after deduction there from of the expenses of the sale) first in payment of the amount due to the plaintiff as specified in Cl. (i) of para 2 above with such costs of the suit and other costs, charges and expenses as may be payable under Rule 7 of Order XXXIV of the First Schedule to Code of Civil Procedure (Act V of 1908), and that the balance, if any, shall be applied in payment of the amount due to defendant No. 2, and that, if any balance be left it shall be paid to defendant No. 1 or other persons entitled to receive the same.

6. And it is hereby further ordered and decreed that, if the money realized by such sale shall not be sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2 the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 2 or defendant No. 1 (as the case may be) to the plaintiff or defendant No. 2 or both of them as the case may be.

And it is hereby further ordered and decreed that, if defendant No. 2 pass into Court to the credit to his suit the amount adjudged due to the plaintiff but defendant No.1 makes default in payment of the amounts due to defendant No. 2.

(i) (In the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale) that the defendants No. 1 shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto shall, if so required, deliver to the defendant No. 2 quiet and peaceable possession of the said property; or

(ii) (in the case of any other mortgage) that the mortgaged property or a sufficient part thereof shall be sold and that for the purpose of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and

(iii) (In the case where a sale is ordered under Clause 7 (ii) above) that the money realized by such sale shall be paid into Court and be duly applied (after deducting therefrom of the expenses of the sale) in payment of the amount of payable to defendant No. 2 under the decree and any further orders that may be passed after decree and in payment f the amount with interest, if any, which Court may, have adjudged due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable under Rule 7 of Order XXXIV of the First Schedule in the Code of Civil Procedure (Act V of 1908), and that the balance, if any, shall be applied in payment of the amount due to the plaintiff, and that if any balance be lift, it shall be paid to the defendant No. 1, or other persons entitled to receive the same; and

(iv) that, if the money realized by such sales shall not be sufficient for payment in full of the amounts due to the defendant No. 2 the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 1 to defendant No. 2.

SCHEDULE

Description of the mortgaged property

[Kerala Gazette 13-1-1974, No. 3, Pt. III-G 347/S]

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Important Guidelines

Guidelines for Drafting a Decree for Sale under Order XXXIV, Rule 4 of the Code of Civil Procedure Purpose: A Decree for Sale under Order XXXIV, Rule 4 of the CPC is sought in mortgage suits where the court orders the sale of the mortgaged property to satisfy the debt owed to the mortgagee.

Usage:

Utilized when the mortgagor defaults on payment and the mortgagee seeks to recover the debt through the sale of the mortgaged property. Applicable in suits involving the foreclosure or sale of mortgaged properties. Drafting Steps:

Title and Address: Title the document as "Decree for Sale" and address it to the appropriate court handling the mortgage suit. Parties Information: Provide complete details of the plaintiff (mortgagee) and defendant (mortgagor). Case Details: Mention the case number, court name, and presiding judge. Mortgage Details: Include details of the mortgage agreement, such as the date of execution, amount secured, and property description. Grounds for Sale: Clearly state the grounds for seeking the sale, including the default by the mortgagor and the amount due. Relief Sought: Specify the relief sought, i.e., an order for the sale of the mortgaged property to satisfy the debt. Legal Basis: Cite Order XXXIV, Rule 4 CPC as the legal basis for the decree. Terms of Sale: Include the terms of the sale, such as the manner of sale (public auction or private sale), and how the proceeds will be applied. Verification: End with a verification clause affirming the correctness of the contents.

Common Mistakes to Avoid:

Incomplete Mortgage Details: Ensure all relevant details about the mortgage agreement and the default are provided. Vague Terms of Sale: Clearly outline the terms and conditions of the sale to avoid ambiguity. Ignoring Legal Requirements: Adhere strictly to the procedural and substantive requirements of Order XXXIV, Rule 4 CPC. Omitting Necessary Parties: Ensure that all interested parties, including other lienholders, are included and notified. By following these guidelines, you can effectively draft a decree for sale under Order XXXIV, Rule 4 CPC, facilitating the recovery of the debt through the sale of the mortgaged property.

Frequently asked questions

What is a Decree for Sale under Order XXXIV Rule 4?→

This is a preliminary decree in Indian mortgage suits under CPC Order XXXIV Rule 4, directing the sale of mortgaged property to recover the outstanding mortgage debt.

Is this Decree for Sale legally valid in India?→

Yes, it is drafted in compliance with the Code of Civil Procedure, 1908, and holds legal validity for use in Indian courts in mortgage redemption cases.

Do I need to pay stamp duty or court fees for this Decree for Sale?→

Court fees apply as per the Court Fees Act, 1870, and state-specific stamp duty may be required on decrees in India; verify with local court rules.

In what format can I download this Decree for Sale?→

Download available in editable Word and non-editable PDF formats, suitable for customization and printing for Indian legal proceedings.

Can I customize or edit this Decree for Sale template?→

Yes, the Word document is fully customizable; modify parties' details, property descriptions, and amounts to fit your specific mortgage suit in India.

Who should use this Decree for Sale under Order XXXIV Rule 4?→

Mortgagees or plaintiffs in civil suits seeking sale of mortgaged property when redemption fails, as per CPC provisions in India.

DECREE FOR SALE(ORDER XXXIV, RULES 4)

Decree for sale(Order XXXIV, Rules 4)

[Plaintiff ????????????.Sub or Derivative Mortgagee

Versus

Defendant No. 1 ???????????Mortgagor,

Defendant No. 2 ???????????.Original Mortgagee].

(Order XXXIV, Rules 4)

IN THE COURT OF ??..

SUIT NO??? 20?...

The suit coming on this ????.. day, etc.; It is hereby declared that amount due to defendant No. 2 on his mortgage calculated upto this ???. day of ???? upto this ???. ?????. day of ????? is the sum of Rs???.. for principal, the sum Rs????. for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage security together with interest thereon and the sum of Rs???.. for the costs of the suit awarded to defendant No. 2, making in all the sum of Rs????..

(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the plaintiff in respect of his mortgage)

2. And it is hereby ordered and decreed as follows :

(i) that the defendant No. 1 do pay into Court on or before the said day of ???. Or any later date of up to which time for payment may be extended by the Court and said sum of Rs??? due to defendant No. 2;

(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 being at liberty to pay such amount).

(ii) that on payment to the sum declared due to defendant No. 2 by defendant No. 1 in the manner prescribed in Cl. (2)(i) and on payment thereafter before such date as the Court may fix of such amount with interest if any as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses s may be payable under Rule 7 or Order XXXIV of the First Schedule to the Code of Civil Procedure (Act V of 1908), the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power relating to the mortgaged property in the plaint mentioned and all such documents (except such as relate only to the sub-mortgage) shall be delivered over to defendant No. 1 or to such person as he appoints and defendant No. 2 shall if so required, re-convey or re-transfer the property to defendant No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and peaceable possession of the said property; and

(iii) that upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 the sum declared due to the plaintiff together with subsequent costs of the suit and other costs, charges and expenses as may be payable under Rule 7 of Order XXXIV of the First Schedule to the Code of Civil Procedure (Act V of 1908) be paid to him and that the balance, if any, shall then be paid to defendant No. 3 and that if the amount paid into the plaintiff, the balance if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 2 the plaintiff.

3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc. as in sub-rule (ii) of Cl. 2.

4. And it is hereby further ordered that, in default to payment by defendant Nos.1 and 2 as aforesaid, the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in their possession or power relating to the mortgaged property.

5. And it is hereby further ordered and decreed that the money realized by such sale shall be paid into Court and be duly applied (after deduction there from of the expenses of the sale) first in payment of the amount due to the plaintiff as specified in Cl. (i) of para 2 above with such costs of the suit and other costs, charges and expenses as may be payable under Rule 7 of Order XXXIV of the First Schedule to Code of Civil Procedure (Act V of 1908), and that the balance, if any, shall be applied in payment of the amount due to defendant No. 2, and that, if any balance be left it shall be paid to defendant No. 1 or other persons entitled to receive the same.

6. And it is hereby further ordered and decreed that, if the money realized by such sale shall not be sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2 the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 2 or defendant No. 1 (as the case may be) to the plaintiff or defendant No. 2 or both of them as the case may be.

And it is hereby further ordered and decreed that, if defendant No. 2 pass into Court to the credit to his suit the amount adjudged due to the plaintiff but defendant No.1 makes default in payment of the amounts due to defendant No. 2.

(i) (In the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale) that the defendants No. 1 shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto shall, if so required, deliver to the defendant No. 2 quiet and peaceable possession of the said property; or

(ii) (in the case of any other mortgage) that the mortgaged property or a sufficient part thereof shall be sold and that for the purpose of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and

(iii) (In the case where a sale is ordered under Clause 7 (ii) above) that the money realized by such sale shall be paid into Court and be duly applied (after deducting therefrom of the expenses of the sale) in payment of the amount of payable to defendant No. 2 under the decree and any further orders that may be passed after decree and in payment f the amount with interest, if any, which Court may, have adjudged due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable under Rule 7 of Order XXXIV of the First Schedule in the Code of Civil Procedure (Act V of 1908), and that the balance, if any, shall be applied in payment of the amount due to the plaintiff, and that if any balance be lift, it shall be paid to the defendant No. 1, or other persons entitled to receive the same; and

(iv) that, if the money realized by such sales shall not be sufficient for payment in full of the amounts due to the defendant No. 2 the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 1 to defendant No. 2.

SCHEDULE

Description of the mortgaged property

[Kerala Gazette 13-1-1974, No. 3, Pt. III-G 347/S]

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