16. Costs. The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs in the suit. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
17. Defence by an indigent person. Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiffKEEP READING
18. Power of Government to provide for free legal services to indigent persons. (1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigentKEEP READING
ORDER XXXIV – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure sale and redemption. Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relatingKEEP READING
2. Preliminary decree in foreclosure suit. (1) In a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a preliminary decree- (a) ordering that an account be taken of what was due to the plaintiff at the date of such decree for- (i) principal and interest on theKEEP READING
3. Final decree in foreclosure suit. (1) Where, before a final decree debarring the defendant from all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application madeKEEP READING
4. Preliminary decree in suit for sale. (1) In a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub-rule (1) of rule 2, and further directing that, in default of the defendantKEEP READING
5. Final decree in suit for sale. (1) Where, on or before the day fixed or at any time before the confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the defendant makes payment into Court of all amounts due fromKEEP READING
6. Recovery of balance due on mortgage in suit for sale. Where the net proceeds of any sale held under 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 otherwiseKEEP READING
7. Preliminary decree is redemption suit. (1) In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree- (a) ordering that an account be taken of what was due to the defendant at the date of such decree for- (i) principal and interest on theKEEP READING
8. Final decree in redemption suit. (1) Where, final decree debarring the plaintiff from all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment intoKEEP READING
8A. Recovery of balance due on mortgage in suit for redemption. Where the net proceeds of any sale held under rule 8 are found insufficient to pay the amount due to the defendant, the Court, on application by him in execution, may, if the balance is legally recoverable from theKEEP READING
9. Decree where nothing is found due or where mortgagee has been overpaid. Notwithstanding anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is due to the defendant or that he has been overpaid, the Court shall pass a decree directing theKEEP READING
10. Costs of mortgagee subsequent to decree. In finally adjusting the amount to be paid to a mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs of the suit the conduct of the mortgagee has been such as to disentitle himKEEP READING
10A. Power of Court to direct mortgagee to pay mesne profits. Where in a suit for foreclosure, the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum on the mortgage, or such sum as is not substantially deficient in the opinionKEEP READING
11. Payment of interest. In any decree passed in a suit for foreclosure, sale or redemption, where interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows, namely- (a) interest up to the date on or before which payment of the amount found orKEEP READING
