12. Sale of property subject to prior mortgage. Where any property the sale of which is directed under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, direct that the property be sold free from the same, giving to such priorKEEP READING
13. Application of proceeds. (1) Such proceeds shall be brought into Court and applied as follows- first, in payment of all expenses incident to the sale or properly incurred in any attempted sale; secondly, in payment of whatever is due to the prior mortgagee on account of the prior mortgage,KEEP READING
14. Suit for sale necessary for bringing mortgaged property to sale. (1) Where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting aKEEP READING
15. Mortgages by the deposit of title deeds and charges. (1) All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within theKEEP READING
ORDER XXXV – INTERPLEADER 1. Plaint in interpleader-suit. In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state- (a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b) the claims made by theKEEP READING
2. Payment of thing claimed into Court. Where the thing claimed is capable of being paid into Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before the he can be entitled to any order in the suit. ReadKEEP READING
3. Procedure where defendant is suing plaintiff. Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in which the suit against the plaintiff is pending shall, on being informed by the Court in which the interpleader-suit hasKEEP READING
4. Procedure at first hearing. (1) At the first hearing the Court may- (a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit; or (b) if it thinks that justice orKEEP READING
5. Agents and tenants may not institute interpleader suits. Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, for the purpose of compelling them to interplead with any person other than persons making claim through such principals or landlords. KEEP READING
6. Charge for plaintiff’s costs. Where the suit is properly instituted the Court may provide for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
ORDER XXXVI – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of theKEEP READING
2. Where value of subject-matter must be stated. Where the agreement is for the delivery of any property; or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be statedKEEP READING
3. Agreement to be filed and registered as suit. (1) The agreement if framed in accordance with the rules hereinbefore contained, may be filed with an application in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the sameKEEP READING
4. Parties to be subject to Court’s jurisdiction. Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
5. Hearing and disposal of case. (1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of this Code shall apply to such suit so far as the same are applicable. (2) Where the Court is satisfied, after examination ofKEEP READING
6. No appeal from a decree passed under rule 5. No appeal shall lie from a decree passed under rule 5. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
