G.O.(Rt)No.

3217/2023/HOME

GOVERNMENT OF KERALA
Abstract
Home Department - Judiciary - Amendment to Code of Civil Procedure, 1908 -
Sanction accorded - Orders issued.
HOME (S) DEPARTMENT
G.O.(Rt)No.3217/2023/HOME Thiruvananthapuram, 06-11-2023
Read: 1) Letter No. DI-70039/2004, dated 28.11.2019, from the Registrar
(District Judiciary) of High Court of Kerala.
2) Letter No. DI-1/70039/2004, dated 10.08.2022, from the Registrar
General of High Court of Kerala.
ORDER
Government in having examined the proposal forwarded by the Registrar
General of High Court, vide the letter read above, are pleased to approve the
amendments to Code of Civil Procedure, 1908.
The Registrar General of High Court of Kerala will arrange to publish the
appended notification.
(By order of the Governor)
BISHWANATH SINHA
ADDITIONAL CHIEF SECRETARY
To:
The Registrar General, High Court of Kerala, Ernakulam
(with C/L).
The Principal Accountant General (Audit/A&E),
Kerala, Thiruvananthpuram.
The Law Department (vide Note No. Leg-E1/67/2023-Law,
dated 20.10.2023).
Web & New Media, I & PRD {for uploading in the website}.
Stock File/ Office Copy {E-22519802}.
Forwarded/ By order

Section Officer
G.O.(Rt)No.3217/2023/HOME

THE HIGH COURT OF KERALA

D1-70039/2004 Dated:..............2023

NOTIFICATION

In exercise of the powers conferred by section 122 of the Code of

Civil Procedure, 1908 (Central Act V of 1908), and all other powers
enabling it in that behalf, the High Court of Kerala hereby publish for
general information the following draft rules to amend to the First
Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908).

Notice is hereby given that the said draft rules will be taken up for
consideration after 30 days from the date of publication of this
notification in the Kerala Gazette. Objections or suggestions received
from any person with regard to the draft rules on or before that date, will
be considered by the High Court. Objections or suggestions, if any, shall
be addressed to the Registrar General, High Court of Kerala, Kochi –
682031.

Draft Rules

1 . Short title and commencement.- (1) These rules may be called the
Code of Civil Procedure (Kerala Amendment) Rules, 2023.

(2) These rules shall come into force at once.

2. Amendment of the Rules.- In the First Schedule of the Code of Civil

Procedure, 1908,-

1. In Order IV, in rule 1, in sub-rule (3),-

(a) for the word “plaint” the word “suit” shall be substituted;
G.O.(Rt)No.3217/2023/HOME

(b) for the word 'instituted' the word 'presented' shall be substituted.

2. In Order V, -

(i) in rule 4, in clause (b),-

(a) for the word “fifty” the word “eighty kilometres” shall be
substituted;

(b) the words “or steamer communication” shall be deleted;

(c) for the words “two hundred miles” the words “three hundred and
twenty kilometres” shall be substituted;

(ii) in rule 7,-

(a) after the word “thereof'” the symbol “,” shall be inserted;

(b) after the word “Order VIII” the symbol “,” shall be inserted;

(c) after the word “power” the symbol “,” shall be inserted;

(iii) in Rule 18 the existing rule shall be numbered as sub rule (1) thereof
and after sub-rule (1) as so numbered the following sub-rule shall be
inserted, namely:-

‘(2) The serving officer may also, after handing over the hard copy of the
process to the concerned party, endorse the service of notice with the
help of such approved mobile application, and for that purpose, capture
the photograph and signature of the person served through the mobile
application installed in a smart mobile phone, save the mobile location
and mark the status of process as 'served' or 'not served' as the case may
be.'

3. In Order VII, in sub-rule (4) of Rule 14 for the word “plaintiff” the
word “defendants” shall be substituted.

4. In Order XVI-A, in rule 7 after sub-rule (2) the following sub-rule

shall be inserted, namely:-
G.O.(Rt)No.3217/2023/HOME

“(3) Notwithstanding sub-rules (1) and (2) the Court may order
examination of such person in prison through video conferencing.”

5. In Order XVIII, -

(i) in rule 4,-

(a) in sub-rule (1), for the existing first sentence, the following sentence
shall be substituted, namely:-

“The examination-in-chief of the witness in attendance shall be taken

either in open court or on affidavit after supplying copies thereof to the
opposite party by the party who calls him for evidence.”;

(b) for sub-rules (2) and (3) the following sub rules shall be substituted,
namely:-

"(2) The cross examination and re-examination of the witness in

attendance shall be taken orally in open court either in writing or with
the aid of mechanical or electronic devices, in the presence of the judge,
unless the Court records reason to order otherwise.

(3) In cases where the Court has directed examination by Commissioner,

the evidence shall be recorded either in writing or with the aid of
mechanical or electronic devices, in the presence of the Commissioner,
and the same shall be returned by the Commissioner together with his
report in writing, signed by him, to the Court appointing him and the
evidence so taken shall form part of the record of the suit.”;

(c) after sub-rule (8) the following sub-rule shall be inserted, namely:-

"(9) Notwithstanding anything contained in sub-rules (1) to (8), the court

may record the evidence of the witness by means of video conferencing.
The expenses of video conferencing, as may be fixed by the Court, shall
be met by the party who calls the witnesses.”;

6. In Order XX, -
G.O.(Rt)No.3217/2023/HOME

(i) in rule 1, in sub-rule (3),-

(a) the words “to a shorthand writer” shall be deleted;

(b) in the proviso, after the words “in open court” the following words
“to a shorthand writer” shall be inserted;

(ii) after sub- rule (3) the following sub-rule shall be inserted, namely:-

“(4) The judgment may also be pronounced in open court with the aid of
any electronic device, if the judge is specifically empowered by the High
Court in this behalf.”;

(iii) after rule 7, the following proviso shall be inserted, namely:-

“Provided that the decrees of the High Court may be signed by the officer
empowered in that behalf.”

7. In Order XXI,-

(i) of rule 1,in sub-rule (2) after the words “acknowledgement due” the
words “or by electronic mail service address furnished by the decree
holder.” shall be inserted;

(ii) in rule 14,-

(a) in the marginal heading for the words “extract from Collector’s
register in certain cases” the words “Extracts from the Register of
Revenue Authorities” shall be substituted:;

(b) for the words “in the office of the Collector” the words “in the
revenue accounts” shall be substituted;

(iii) in rule 40 after sub-rule (5) the following sub-rules shall be inserted,
namely:-

“(6) During the temporary absence of the Judge who issued the
warrant under Rule 37 or 38 the warrant of committal may be signed by
another Judge of the same Court or by any Judicial Officer superior in
G.O.(Rt)No.3217/2023/HOME

rank who has jurisdiction over the same locality or where the arrest is
made on a warrant issued by the District Judge, the warrant of committal
may be signed by any Subordinate Judge or Munsiff empowered in
writing by the District Judge in this behalf, and the Judge signing the
warrant of committal to the above cases shall also have the same powers
as the Judge who issued the warrant in respect of passing such orders as
may be appropriate under sub-rules (1), (3) and (5) of this Rule.

(7) No judgment debtor shall be committed to the civil prison or brought

before the Court from the custody to which he has been committed
pending the consideration of any of the matters mentioned in sub-rule
(1), unless and until the decree holder pays into Court such sums as
determined under Rule 39,”

(iv) (a) in sub-rule (1) after clause (b) the following clause shall be
inserted, namely:-

“(c) If the decree sought to be attached has been sent for execution to
another Court, the Court which passed the decree shall send a copy of the
said notice to the former Court, and there upon the provisions of clause
(b) shall apply in the same manner as if the former Court had passed the
decree and the said notice had been sent to it by the Court which issued
it.”

(b) for sub-rule (2) the following sub-rule shall be substituted namely: -

“(2) The order shall be affixed at some place on or adjacent to such

property and a copy of the order shall be affixed on a conspicuous part of
the property and there upon in a conspicuous part of the Court house and
also in the Village Office or in case there is no such office, in the Taluk
Office of the place in which the property is situate and where the
property is situate within the limit of a Municipality or Panchayath, in the
office of the Municipality or Panchayat within the limits of which the
property is situate.”

(v) in rule 54 after sub-rule (2) the following new sub-rule shall be
G.O.(Rt)No.3217/2023/HOME

inserted, namely:-

“(3) The attachment shall be deemed to have taken effect as against

transferees in transfers made with intent to defeat or delay the creditors
of the transferor, from the date of the order or attachment, and, as against
all other persons from the date on which they respectively had
knowledge of the order of attachment or the date on which the order was
duly affixed under sub-rule (2), whichever is earlier.”;

(vi) in rule 69 in sub-rule (2) the following proviso shall be inserted,

namely:

“Provided that no fresh proclamation shall be necessary in cases

where the sale has been adjourned on account of the absence of the
presiding Judge or on account of the day fixed for the sale being declared
a holiday, and in the case of every adjournment of sale; the date of the
adjourned sale shall be published conspicuously, in the notice board of
the Court adjourning the sale, either on the date of adjournment or on the
next working day.”;

(vii) (i) in rule 89 in sub-rule (1) the following provisos shall be inserted,
namely:-

“Provided that when several items of property are sold separately in

execution of any decree other than a mortgage decree the sale of one or
more of such items may be set aside on depositing in Court the amount
of the purchase money for the items, the sale of which is sought to be set
aside, and, a sum equal to five per cent of that amount and the balance, if
any, of the amount specified in the proclamation of sale as that for the
recovery of which the sale was ordered:

Provided further that where the immovable property sold is sufficient

to discharge a portion of the decree debt the payment under clause (b) of
this sub rule need not exceed such amount as under the decree the owner
of the property sold is liable to pay.”;

8. In Order XXVI - after rule 22 the following rule shall be inserted,

G.O.(Rt)No.3217/2023/HOME

namely:-

“23. Application of order to Execution Proceedings. - The provisions

of this Order and of Order XXVI-A shall apply, so far as may be, to
proceedings in execution of a decree or order”;

9. After Order XXVI the following Order shall be inserted, namely:-

“ORDER XXVI-A

COMMISSIONS TO TRANSLATE ACCOUNT AND OTHER

DOCUMENTS

1 . Commissions to translate accounts a n d other documents.- The

Court may issue a commission to such persons as it thinks fit to translate
accounts and documents, which are not in the language of the Court.

2. Report of the Commissioner to be evidence in the suit.- The report

of the Commissioner shall be evidence in the suit and shall form part of
the record.

3 . Court may order deposit of the expense of the Commission.-

Before issuing any Commission under this Order the Court may order
such sum (if any) as it thinks reasonable for the expense of the
Commission to be, within the time to be fixed, paid into Court by the
party at whose instance or for whose benefit the Commission is issued.”

10. In Order XXXII, in rule 15 the word “mental” shall be deleted.

11. In Order XXXIII after rule 18, the following rule shall be inserted,
namely:-

“19. Notice to State Government.-No order for payment out of money

standing to the credit of any suit instituted by an indigent person shall be
made on the application of any party except after notice to the
Government Pleader on behalf of the State Government”.

12. For Order XXXIV the following Order shall be substituted, namely:-
G.O.(Rt)No.3217/2023/HOME

“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 relating to the mortgage.

Explanation.- A puisne mortgagee may sue for foreclosure or for sale

without making the prior mortgagee a party to the suit; and a prior
mortgagee need not be joined in a suit to redeem a subsequent mortgage.

2. Decree in foreclosure suit.- (1) In a suit for foreclosure, if the

plaintiff succeeds, the Court shall pass a decree,-

(a) declaring the amount due to the plaintiff on the date of such decree
for-

(i) principal and interest on the mortgage;

(ii) the costs of the suit, if any, awarded to him; and

iii) other costs, charges and expenses properly incurred by him up to that
date in respect of his mortgage security, together with interest thereon; or
and (b) directing,-

(i) that, if the defendant pays into Court the amount so declared due
with future interest and subsequent costs as are mentioned in Rule 7 on a
day within six months from the date of the decree to be fixed by the
Court, the plaintiff shall deliver up to the defendant, or to such persons
as he appoints, all documents in his possession or power relating to the
mortgaged property, and shall, if so required, retransfer the property to
the defendant at the cost of the defendant free from the mortgage and
from all encumbrances created by the plaintiff or any person claiming
under him or, where the plaintiff claims by derived title, by those under
whom he claims, and shall also, if necessary, put the defendant in
G.O.(Rt)No.3217/2023/HOME

possession of the property, and

(ii) that, if such payment is not made on or before the day fixed by
the Court, the defendant and, all persons claiming through or under him
shall be debarred from all rights to redeem the property; and also if
necessary, the defendant shall put the plaintiff in possession of the
property.

(2) Where, in a suit for foreclosure, subsequent mortgagees or

persons deriving title from, or subrogated to the right of, any such
mortgagees are joined as parties, the Court shall adjudicate upon the
respective rights and liabilities of all the parties to the suit in the manner
and form set forth in Form No.9 or Form No.10, as the case may be, of
Appendix D with such variations as the circumstances of the case may
require.

(3) On the expiry of the date fixed for payment of the amount
declared due to the mortgagee, all liabilities to which the defendant is
subject in respect of the mortgage or on account of the suit shall be
deemed to have been discharged.

3. Decree in suit for sale.- (1) In a suit for sale, if the plaintiff succeeds,
the Court shall pass a decree to the effect mentioned in clauses (a) and
(b) (i) of sub-rule (1) of Rule 2 and also directing that, in default of the
defendant paying as therein mentioned, the mortgaged property or a
sufficient part thereof be sold, and that the proceeds of the sale (after
deducting there from the expenses of the sale) be applied in payment of
what is declared due to the plaintiff as aforesaid, together with
subsequent interest and subsequent costs, and that the balance, if any, be
paid to the defendant or other persons entitled to receive the same, and
that, in case the net proceeds of such sale be insufficient to pay the
amount due to the plaintiff the balance, if legally recoverable from the
defendant otherwise than out of the property sold be paid by the
defendant personally.

(2) In a suit for foreclosure, if the plaintiff succeeds and the mortgage
G.O.(Rt)No.3217/2023/HOME

is an anomalous mortgage, the Court may, at the instance of the plaintiff

or of any other person interested either in the mortgage money or in the
right of redemption, pass a like decree (in lieu of a decree for
foreclosure) on such terms as it thinks fit, including the deposit in Court
of a reasonable sum fixed by the Court to meet the expenses of the sale
and to secure the performance of the terms.

(3) Where, in a suit for sale or a suit for foreclosure in which sale is
ordered, subsequent mortgagees or persons deriving title from, or
subrogated to the rights of, any such mortgagees are joined as parties, the
Court shall adjudicate upon the respective rights and liabilities of all the
parties to the suit in the manner and form set forth in Form No.9, Form
No.10 or Form No.11, as the case may be, of Appendix D with such
variations as the circumstances of the case may require.

4. Decree in redemption suit.- In a suit for redemption if the

plaintiff succeeds, the Court shall pass a decree,-

(a) declaring the amount due to the defendant at the date of such decree,
for:-

(i) principal and interest on the mortgage,

(ii) the cost of the suit, if any, awarded to him;

(iii) other costs, charges and expenses properly incurred by him up to

that date, in respect of his mortgage security, together with interest
thereon; and

(b) directing,-

(i) that, if the plaintiff pays into Court the amount so declared due with
subsequent interest and costs as are mentioned in Rule 7 on a day within
six months of the decree to be fixed by the Court, the defendant shall
deliver up to the plaintiff, or to such person as he appoints, all documents
in his possession or power relating to the mortgaged property, and shall,
if so required, retransfer the property to the plaintiff at his cost, free from
G.O.(Rt)No.3217/2023/HOME

the mortgage and from all encumbrances created by the defendant or any
person claiming under him, or, where the defendant claims by derived
title, by those under whom he claims, and shall, if necessary, put the
plaintiff in possession of the property; and

(ii) that, if such payment is not made on or before the date so fixed, the
plaintiff shall in the case of a mortgage by conditional sale or an
anomalous mortgage the terms of which provide for foreclosure only and
not for sale, be debarred from all rights to redeem the property and also,
if necessary, put the defendant in possession of the mortgaged property;
and that if desired by the defendant, in the suit itself in the case of any
mortgage other than a usufructuary mortgage, a mortgage by conditional
sale or such an anomalous mortgage as aforesaid, the mortgaged
property or a sufficient portion thereof be sold and the proceeds of the
sale (after deducting there from the expenses of the sale) be applied in
payment of what is found due to the defendant, and the balance, if any,
be paid to the plaintiff or other persons entitled to receive the same and
that, in case the net proceeds of such sale be insufficient to pay the
amount due to the defendant, the balance be paid by the plaintiff
personally if the balance is legally recoverable from the plaintiff
otherwise than out of the property sold.

5. Date of payment.- The Court may, upon good cause shown and
upon such terms, if any, as it thinks fit, postpone the date fixed for
payment under this Order from time to time.

6. Decree where nothing is found due or where mortgage has

been overpaid.- Notwithstanding anything herein before contained, if it
appears in a redemption suit that nothing is due to the defendant or that
he has been overpaid, the Court shall pass a decree directing the
defendant if so, required, to retransfer the property and to pay to the
plaintiff the amount which may be found due to him; and the plaintiff
shall, if necessary, be put in possession of the mortgaged property.

7. Costs of mortgagee subsequent to decree.- In finally adjusting

the amount to be paid to a mortgagee in case of a foreclosure, sale or
G.O.(Rt)No.3217/2023/HOME

redemption, the Court shall, unless the conduct of the mortgagee has
been such as to disentitle him to costs, add to the mortgage money such
costs of the suit and other costs, charges and expenses, as have been
properly incurred by him since the decree for foreclosure, sale or
redemption up to the time of actual payment.

8. 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 prior
mortgagee the same interest in the proceeds of the sale as he had in the
property sold.

9. 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 of property

incurred in any attempted sale;

Secondly, in payment of whatever is due to the prior mortgagee on

account of the prior mortgage, and of costs, properly incurred in
connection therewith;

Thirdly, in payment of all interest due on account of the mortgage in

consequence whereof the sale was directed, and of the costs of the suit in
which the decree directing the sale was made;

Fourthly, in payment of the principal money due on account of the

mortgage; and

Lastly, the residue, if any, shall be paid to the person proving himself
to be interested in the property sold, or if there are more such persons
than one, then to such persons according to their respective interest
therein or upon their joint receipt.

(2) Nothing in this Rule or Rule 8 shall be deemed to affect the

powers conferred by Section 57 of the Transfer of Property Act, 1882.
G.O.(Rt)No.3217/2023/HOME

10. Suit for sale necessary for bringing mortgaged property to

sale.- 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 a suit for sale in enforcement of the mortgage, and he may
institute such suit notwithstanding anything contained in Order II Rule 2.

11. Mortgages by the deposit of title deeds and charges.- 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 the meaning of
Section 100 of the Transfer of Property Act, 1882.

13. In Order XXXVIII, in rule (4),-

(a) the existing provision shall be numbered as sub-rule (1) thereof;

(b) after sub-rule (1) as so numbered the following sub-rule shall be

inserted, namely.-

“(2) The provisions of Order XXI Rule 39 as to allowances payable for

the subsistence of judgment debtors shall apply to all defendants arrested
under this Order.”;

14. In Order XXXIX, in rule 1, in clause (a) after the words “or
wrongfully sold” the words “or delivered” shall be inserted.

15. In Order XLI,-

(i) (a) after rule 14, the following rule shall be inserted, namely:-

“14 A. Substitution of letter for notice.- (1) The Court may,

notwithstanding anything herein before contained substitute for notice a
letter signed by the Judge or such officer as he may appoint in this
behalf, where the respondent is the Presiding Officer of a House of
Parliament or of a State Legislature or the Chairman of a Committee
thereof or, in the opinion of the Court of a rank entitling him to such
G.O.(Rt)No.3217/2023/HOME

mark of consideration.

(2) A letter substituted under sub-rule (1) shall contain all the
particulars required to be stated in a notice and, subject to the provisions
of sub-rule (2) shall be treated in all respects as a notice.

(3) A letter so substituted may be sent to respondent by electronic

mail or by post or speed post or by a special messenger selected by the
Court, or in any other manner which the Court thinks fit and, where the
respondent has an agent empowered to accept service, the letter may be
delivered or sent to such agent.

(4) The notice, to the respondent shall declare that, if he does not
appear in the Appellate Court on the day so fixed, the appeal shall be
heard exparte.

(ii) (b) in rule 31 the following proviso shall be inserted, namely:-

“Provided that where the presiding judge pronounces his judgment by

dictation in open court, the transcript of the judgment so pronounced
shall, after such revision as may be deemed necessary, be signed by the
Judge.”

(iii) In rule 35, in sub-rule (4), for the existing proviso the following
proviso shall be substituted, namely:-

'Provided that the provisions of the sub-rule shall not apply to decrees
passed by the High Court.'

(iv) after rule 37 the following rule shall be inserted, namely:-

“38. Appeals to High Court.- Rules 1 to 37 shall, so far as may be,

apply to appeals to the High Court of Kerala from original decrees of
Subordinate Courts.”

16. In Order XLIII - in rule 2 after the words “ appeals from orders” the
G.O.(Rt)No.3217/2023/HOME

words “specified in rule 1 and any other order from which an appeal is
allowed under any other enactment” shall be inserted.

17. In Order XLIV, -

(i) in Rule 1 the following proviso shall be inserted, namely:-

“Provided that the presentation of the application in person required

under Order XXXIII Rule 3 may not be necessary for appellants who
were permitted to sue as indigent persons in the trial court.”

(ii) in sub-rule (2) of rule 3, for the word and figure “Rule 11” the word
and "Rule 1” shall be substituted.

18. In Order L,-

(i) for the existing Chapter heading the following chapter heading shall
be inserted, namely:-

“SUITS TRIABLE AS SMALL CAUSES”

(ii) (a) in rule 1 in the marginal heading the word “Provincial” shall be
omitted;

(b) in rule 1 for the words, symbols, figures and brackets "The provisions
hereinafter specified shall not extend to courts constituted under the
Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar
Small Cause Courts Law, 1905 or to courts exercising the jurisdiction of
a Court of Small cause under the said Act or Law or the Courts in any
part of India to which the said Act does not extend exercising a
corresponding jurisdiction" the words and symbols “The provisions
contained herein shall not extend to Courts exercising Small Cause
Jurisdiction,” shall be substituted.

19. In Order LII- a) in rule 4 after the words “is expected to be made” the
words “and proof of such service shall be submitted to the Court within
three days.” shall be inserted.
G.O.(Rt)No.3217/2023/HOME

20. In Appendix D,-

(i) the existing Form numbers 3 and 3A shall be omitted;

(ii) for Form number 4 the following Form shall be substituted, namely:-

“No.4

DECREE FOR FORECLOSURE

(0. XXXIV R.2)

[Title]

1. This suit coming on this .......... day . ............ etc., it is hereby

declared that the amount due to the plaintiff on his 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) properly incurred by the plaintiff in respect of
the mortgage security, together 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........…

(i) that the defendant do pay into court on or before the day of or any
later date up to which time for payment may be extended by the Court of
the said sum of Rs.........

(ii) that, on such payment and on payment thereafter before such date
as the Court may fix, or 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 as may be payable under Rule 7 of Order XXXIV
of the First Schedule to the Code of Civil Procedure, Act V of 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, or to such person as
he appoints, and the plaintiff shall if so required, re-convey or re-transfer
G.O.(Rt)No.3217/2023/HOME

the said property free from the said mortgage and clear of and all
encumbrances created by the plaintiff or any person claiming under him
or any person under whom he claims and free from all liability
whatsoever arising from the mortgage or this suit and shall, if so
required, deliver up to the defendant quiet and peaceable possession of
the said property.

2. And it is hereby further ordered and decreed that, in default of

payment as aforesaid, the defendant and all persons claiming through or
under him be and they are hereby absolutely debarred and foreclosed of
and from all right of redemption of and in the property described in the
scheduled annexed hereto *[and (if the defendant be in possession of the
said mortgaged property) that the defendant shall deliver to the plaintiff
quiet and peaceable possession of the said mortgaged property] and that
the whole of the liability whatsoever of the defendant up to the date
mentioned in clause (i) of para 1arising from the said mortgage
mentioned in the plaint or from this suit is hereby discharged and
extinguished.

* Words not required to be deleted

SCHEDULE

(Description of the mortgaged property)'

(iii) In Appendix D the existing Form numbers 5 and 5A shall be omitted

(iv) for Form number 6 the following Form shall be substituted, namely:-

“No.6

DECREE FOR SALE

(O.XXXIV R.3)

[Title]
G.O.(Rt)No.3217/2023/HOME

1. This 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 principle, the sum
of Rs . ............. for costs, charges and expenses, (other than the costs of
the suit) properly incurred by the plaintiff in respect of the mortgage
security, together with interest thereon, and the sum of Rs. .............. for
the costs of the suit awarded to the plaintiff, making in all the sum of
Rs..........…

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

(i) that the defendant do pay into Court on or before the day of
...........or any later date upto which time for payment may be extended by
the Court, the said sum of Rs..............

(ii) that, on such payment 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 as may be payable under Rule 7 of Order XXXIV.
of the First Schedule to the Code of Civil Procedure, Act V of 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, 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 all
encumbrances created by the plaintiff or any person claiming under him
or any person under whom he claims and shall, if so required, deliver up
to the defendant quiet and peaceable possession of the said property.

3. And it is hereby further ordered and declared that, in default of

payment as aforesaid, the mortgaged property described in the schedule
annexed hereto or a sufficient part thereof be sold, and that for the
purpose of such sale, the plaintiff shall produce before the Court or such
officer as it appoints all documents in his possession or power relating to
the mortgaged property.
G.O.(Rt)No.3217/2023/HOME

4. And it is hereby further ordered and decreed that, the money

realised by such sale shall be paid into Court and shall be duly applied
(after deducting there from the expenses of the sale) in payment of the
amount payable to the plaintiff under this decree and in payment of any
amount, with interest, if any, which the Court may have adjudged due to
the plaintiff 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 of the Code of Civil Procedure, Act V, 1908, and that the
balance, if any, shall be paid to the defendant or other persons entitled to
receive the same.

5. And it is hereby further ordered and decreed that, if the money

realised by such sale shall not be sufficient for payment in full of the
amount payable to the plaintiff as aforesaid, the balance, if legally
recoverable from the defendant otherwise than out of the property sold,
be paid by the defendant personally.

SCHEDULE

(Description of the mortgaged property)

(v) Form numbers 7, 7A, 7B and 7C shall be omitted

(vi) for Form number 7D the following Form shall be substituted,

namely:-

“No.7D

DECREE FOR REDEMPTION WHERE ON DEFAULT OF

PAYMENT

BY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED

(0. XXXIV R.4)

G.O.(Rt)No.3217/2023/HOME

[Title]

This suit coming on this ...........day, etc. it is hereby declared that the
amount due to the defendant 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. .......... costs, charges and expenses (other than the costs of the suit)
properly incurred by the defendant in respect of the mortgage security
together with interest thereon, and the sum of Rs. ... for the costs of the
suit awarded to the defendant making in all the sum of Rs. ........…

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

i) that the plaintiff do pay into court on or before the day of or any
later date up to which time for payment may be extended by the Court
the said sum of Rs..............

(ii) that on such payment 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 as the suit and such 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, 1908, the
defendant 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 plaintiff, or to such person,
as he appoints, and the defendant shall, if so required, re-convey or re-
transfer the said property free from the said mortgage and clear of and
from all encumbrances created by the defendant or any person claiming
under him or any person under whom he claims and from all liability
whatsoever arising from the mortgage or from this suit and shall, if so
required, deliver up to the plaintiff quiet and peaceable possession of the
said property.

3. And it is hereby further ordered and decreed that, in default of

payment as aforesaid, the plaintiff and all persons claiming through or
under him be and they are hereby absolutely debarred and foreclosed of
G.O.(Rt)No.3217/2023/HOME

and from all right of redemption of, and in the property described in the
schedule annexed hereto and (if the plaintiff be in possession of the said
mortgaged property) that the defendant shall deliver to the plaintiff quiet
and peaceable possession of the said mortgaged property; and that the
whole of the liability whatsoever of the plaintiff up to the date mentioned
in clause (i) of para 2 arising from the said mortgage mentioned in the
plaint or from this suit is hereby discharged and extinguished.

SCHEDULE

(Description of the Mortgaged Property)";

(vii) for Form number 7E the following Form shall be substituted,

namely:-

"No.7E

DECREE FOR REDEMPTION WHERE ON DEFAULT OF

PAYMENT

BY MORTGAGOR A DECREE FOR SALE IS PASSED

(O.XXXIV R.4)

[Title]

1. This suit coming, on this .........day, etc. it is hereby declared that

the amount due to the defendant 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) properly
incurred by the defendant in respect of the mortgage-security together
with interest thereon and the sum of Rs.............for the costs of this suit
awarded to the defendant, making in all the sum of Rs............…

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

G.O.(Rt)No.3217/2023/HOME

(i) that the plaintiff do pay into Court on or before the day of or any
later date up to which time for payment may be extended by the Court
the said sum of Rs.........

(ii) that on such payment 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 as may be payable under Rule 7 of Order XXXIV
of the First Schedule to the Code of Civil Procedure, Act V, 1908, the
defendant 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 plaintiff, or to such person
as he appoints, and the defendant shall, if so required, re-convey or re-
transfer the said property to the plaintiff free from the said mortgage and
clear of and from all encumbrances created by the defendant or any
person claiming under him or any person under whom he claims and
shall, if so required, deliver up to the plaintiff quiet and peaceable
possession of the said property.

3. And it is hereby further ordered and decreed that, in default of

payment as aforesaid, the mortgaged property described in the schedule
annexed hereto or a sufficient part thereof be sold, and that for the
purpose of such sale, the defendant shall produce before the Court or
such officer as it appoints all documents in his possession or power
relating to the mortgaged property.

4. And it is hereby further ordered and decreed that the money

realised by such sale be paid into Court and shall be duly applied (after
deduction there from of the expenses of the sale) in payment of the
amount payable to the defendant under this decree and under any further
orders that may have been passed in this suit and in payment of any
amount; with interest if any, which the Court may have adjudged due to
the defendant for such costs of the suit including the costs of this
application and such costs, charges and expenses as may be payable
under Rule 7 of Order XXXIV of the First Schedule to the Code of Civil
G.O.(Rt)No.3217/2023/HOME

Procedure, Act V, 1908, and that the balance, if any, shall be paid to the
plaintiff or other persons entitled to receive the same.

5. And it is hereby further ordered and decreed that if the money

realised by such sale shall not be sufficient for payment, in full of the
amount payable to the defendant as aforesaid, the balance, if legally
recoverable from the plaintiff otherwise than out of the property sold, be
paid by the plaintiff personally.

SCHEDULE

(Description of the mortgaged property)";

(viii) Form number 7F and 8 shall be omitted;

(ix) for Form number 9 the following Form shall be substituted, namely:-

“No.9

DECREE FOR FORECLOSURE OR SALE

Plaintiff 1st Mortgagee

Vs

Defendant No.1 Mortgagor

Defendant No.2 2nd Mortgagee

(O.XXXIV R.2 and 3)

[Title]

1. This suit coming on this ........day, etc., it is hereby declared that

the amount due to the plaintiff on the mortgage mentioned in the plaint
G.O.(Rt)No.3217/2023/HOME

calculated up to this ........day of ........is the sum of Rs. ....... for principal,
the sum of Rs.......for the 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 declaration to be
introduced with regard to the amount due to defendant No.2 in respect of
his mortgage if the mortgage money due thereunder 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 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: -

(i)(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 plaintff, 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, with interest if any, 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 7 of Order XXXIV of the First Schedule to the Code
of Civil Procedure, Act V, 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
G.O.(Rt)No.3217/2023/HOME

the said property free from the said mortgage and clear of and from all
encumbrances created by the plaintiff or any person claiming under him
or any person under whom he claims, and also free from all liability
whatsoever arising from the mortgage or this suit and shall, if so
required, deliver up to the defendant No ...... (who has made the
payment) quiet and peaceable possession of the said property;

(Similar declaration to be introduced if defendant No. 1 pays the amount

found or declared to be due to defendant No. 2 with such variations as
may be necessary having regard to the nature of his mortgage).

4. And it is hereby ordered and decreed that, in default of payment as

aforesaid of the amount due to the plaintiff:-

(i) *(In the case of a mortgage by conditional sale or an anomalous

mortgage where the only remedy provided for in the mortgage deed in
foreclosure and not sale) that the defendants jointly and severally shall
thenceforth stand absolutely debarred and foreclosed of and from all
right to redeem the mortgaged property described in the schedule
annexed hereto and shall, if so required, deliver to the plaintiff 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 purposes of such sale
the plaintiff 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 cases where a sale is ordered under clause 4(u) above) that
the money realised by such sale shall be paid into Court and be duly
applied (after deducting therefrom the expenses of the sale) in payment
of the amount payable to the plaintiff under this decree and under any
further orders that may have been passed after decree and in payment of
the amount, with interest, if any, which the Court may have adjudge due
to the plaintiff in respect of such costs of this suit and such costs, charges
and expenses as may be payable under Rule 7 of Order XXXIV of the
G.O.(Rt)No.3217/2023/HOME

First Schedule to the Code of Civil Procedure, Act V, 1908 and that the
balance, if any, shall be applied in payment of the amount due to
defendant No.2; and that, if any further balance be left, it shall be paid to
the defendant No.1 or other persons entitled to receive the same; and

(iv) that, if the money realised by such sale shall not be sufficient for
payment in full of the amount due to the plaintiff and defendant No.2 the
balance, if legally recoverable from defendant No.1 otherwise than out of
the property sold, be paid by the defendant No.1 personally to the
plaintiff or defendant No.2 or both of them, as the case may be.

5. And it is hereby further ordered and decreed.-

(a) that if defendant No.2 pays into Court to the credit of this suit the
amount adjudged due to the plaintiff, but defendant No.1 makes default
in the payment of the said amount, defendant No.2 shall be entitled to
keep the plaintiff's mortgage alive for his benefit, and he shall be entitled
to benefit, similar to those conferred upon the plaintiff as per Clause 4
above.

*(i) that defendant 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 and shall, if so required, deliver
up to defendant No.2 quiet and peaceable possession of the said property;
or

(ii) that the mortgaged property or a sufficient part thereof be sold

and that for the purposes 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

(b) *(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 whole of the liability of defendant No.1
arising from the plaintiff's mortgage or from the mortgage of defendant
No.2 or from this suit shall be deemed to have been discharged and
G.O.(Rt)No.3217/2023/HOME

extinguished.

6. And it is hereby further ordered and decreed *(in the case where a
sale is ordered under Clause 5 above)-

(i) that the money realised by such sale shall be paid into Court and be
duly applied (after deducting therefrom the expenses of the sale) first in
payment of the amount paid by defendant No.2 in respect of the
plaintiff's mortgage and the costs of the suit in connection therewith, and
that the balance, if any, shall then be applied in payment of the amount
adjudged due to defendant No.2 in respect of his own mortgage under
this decree and any further orders that may be passed after decree and in
payment of the amount, with interest if any which the Court may have
adjudged due in respect of such costs of the suit and such costs, charges
and expenses as may be payable to defendant No.2 under Rule 7 of
Order XXXIV of the First Schedule to the Code of Civil Procedure, Act
V. 1908 and that the further balance, if any, shall be paid to the defendant
No.1 or other persons entitled to receive the same; and

(ii) that, if the money realised by such sale shall not be sufficient for
payment in full of the amount due in respect of the plaintiffs mortgage or
defendant No.2's mortgage, the balance, if legally recoverable from
defendant No.1, otherwise than out of the property sold, be paid by the
defendant No.1, personally to defendant No. 2.

*Words not required to be deleted";

(x) for Form number 10 the following Form shall be substituted,

namely:-

“No.10

DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND

FORECLOSURE OR SALE ON SUBSEQUENT MORTGAGE

Plaintiff 1st Mortgagee

G.O.(Rt)No.3217/2023/HOME

Vs

Defendant No.1 Mortgagor

Defendant No.2 2nd Mortgagee

(O.XXXIV R.2, 3 and 4)

Explanatory note[Title]

1. This suit coming on this ..............day etc., it is hereby declared that

the amount due to defendant No.2 on the mortgage 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)
properly incurred by defendant No.2 in respect of the mortgage security
with interest thereon and the sum of Rs..........for the cost of this suit
awarded to defendant No.2 making in all the sum of Rs.........

(Similar declaration to be introduced with regard to the amount due from

defendant No.1 to the plaintiff in respect of his mortgage if the mortgage-
money due thereunder has become payable at the date of the suit).

2. It is further declared that defendant No.2 is entitled to payment of

the amount due to them in priority to the plaintiff *[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:-

(i)(a) that the plaintiff or defendant No.1 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 defendant No.2; and
G.O.(Rt)No.3217/2023/HOME

(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 the plaintiff; and

(ii) that, on payment of the sum declared due to defendant No.2 by

the plaintiff and defendant No.1 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, with interest, if any, as the court may
adjudge due in respect of such costs of the suit and such costs, charges is
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, defendant
No.2 shall bring into Court all documents in his possession or power
relating to the mortgaged property in the plaint mentioned, all such
documents shall be delivered over to the plaintiff or defendant
No.1(whoever has 'made the payment); or to such person as he appoints,
and defendant No.2 shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all
encumbrances created by defendant No.2, or any person claiming under
him or any person whom he claims, and also free from all liability
whatsoever arising from the mortgage or this suit and shall, if so
required, deliver up to the plaintiff or defendant No.1 (whoever has made
the payment) quiet and peaceable possession of the said property.

(Similar declarations to be introduced, if defendant No.1 pays the amount

found or declared due to the plaintiff with such variations as may be
necessary having regard to the nature of his mortgage.)

4. And it is hereby further ordered and decreed that, in default of

payment as aforesaid, of the amount due to defendant No.2-

*(i) (In the case of 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 plaintiff and defendant No. I jointly and
severally shall thenceforth stand absolutely debarred and foreclosed of
and from all right to redeem the mortgaged property described in the
schedule annexed hereto and shall, if so required, deliver to the
G.O.(Rt)No.3217/2023/HOME

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 there of shall be sold; and that for the purposes 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 4(ii) above)
that the money realised by such sale shall be paid into Court and be duly
applied (after deducting therefrom the expenses of the sale) in payment
of the amount payable to defendant No.2 under the decree and any
further orders that may have been passed after decree and in payment of
the amount with interest, if any, which the 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 to the plaintiff under Rule 7 of
Order XXXIV of the First Schedule to the Code of Civil Procedure, Act
V, 1908, and that the balance, if any, shall be applied in payment of the
amount due to the plaintiff, and that, if any further balance be left, it shall
be paid to defendant No.1 or other person entitled to receive the same;
and

(iv) that, if the money realised by such sale shall not be sufficient for
payment in full of the amounts due to defendant No.2 and the plaintiff,
the balance, if legally recoverable otherwise than out of the property sold,
be personally paid by defendant No.1 to defendant No.2 or the plaintiff
or both of them, as the case may be.

5. And it is hereby further ordered and decreed.-

(a) that if the plaintiff pays into Court to the credit of the suit an
amount adjudged due to defendant No.2 but defendant No.1 makes
default in the payment of the said amount, the plaintiff shall be entitled to
keep defendant No.2's mortgage alive for his benefit and he shall be
entitled to benefits similar to those conferred upon defendant No.2 as per
clause 4 above-
G.O.(Rt)No.3217/2023/HOME

*[(i) (that defendant 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 and shall, if so required, deliver
up to the plaintiff quiet and peaceable possession of the said property)]
or,

*[(ii) that the mortgaged property or a sufficient part thereof be sold

and that for the purposes of such sale, the plaintiff shall produce before
the Court or such officer as it appoints all documents in his possession or
power relating to the mortgaged property]; and

*(b) (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 whole of the liability of defendant No.1
arising from the plaintiffs mortgage and from the mortgage of defendant
No.2 or from this suit shall be deemed to have been discharged and
extinguished.

6. And it is hereby further ordered and decreed (in the case where a
sale is ordered under clause 5 above) (i) that the money realised by such
sale shall be paid into Court and be duly applied (after deduction
therefrom of the expenses of the sale) first in payment of the amount paid
by the plaintiff in respect of defendant No.2's mortgage and the costs of
the suit in connection therewith, and that the balance, if any, shall then be
applied in payment of the amount adjudged due to the plaintiff in respect
of his own mortgage under this decree and any further orders that may be
passed after decree and in payment of the amount, with interest if any,
which the Court may have adjudged due in respect of such costs of the
suit and such costs, charges and expenses as may be payable to the
plaintiff under Rule 7 of Order XXXIV of the First Schedule to the Code
of Civil Procedure, Act V, 1908, and that the further balance if any, shall
be paid to the defendant No.1 or.other persons entitled to receive the
same, and that, if the money realised by such sale shall not be sufficient
for payment in full of the amount due in respect of defendant No.2's
mortgage or the plaintiffs mortgage, the balance, if legally recoverable
G.O.(Rt)No.3217/2023/HOME

otherwise than out of the property sold, be personally paid by defendant

No. 1 to defendant No.2.

SCHEDULE

(Description of the mortgaged property)";

(XI) for Form number 11 the following Form shall be substituted,

namely:-

“No. 11

DECREE FOR SALE

Plaintiff Sub or derivative mortgagee

Vs

Defendant No.1 Mortgagor

Defendant No.2 Original

Mortgagee

(O.XXXIV R.3)

[Title]

1. The suit coming on this .......day, etc., it is hereby declared that the
amount due to defendant No.2 on his mortgage 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) in respect of the mortgage
security together with interest thereon and the sum of Rs.....for the costs
G.O.(Rt)No.3217/2023/HOME

of the suit awarded to defendant. No.2, making in all the sum of Rs......

(Similar declaration 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 defendant No.1 do pay into Court on or before the .......said
day. ........... of or any later date up to which time for payment may be
extended by the Court the said sum of Rs.....due to defendant No.2.

(Similar declaration 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 of the sum declared due to defendant No.2 by

defendant No.1 in the manner prescribed in clause 2(i) and on payment
thereafter before such date as the Court may fix, or 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 as may be payable under
Rule 7 of 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, recover 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 sit and other costs, charges and
expenses as may be payable under Rule 7 of Order XXXIV of the First
G.O.(Rt)No.3217/2023/HOME

Schedule to the Code of Civil Procedure, Act V, 1908, be paid to him,

and that the balance, if any, shall then be paid to defendant No.2; and that
if the amount paid into the court be not sufficient to pay in full the sum
due to the plaintiff, the balance, if legally recoverable otherwise than out
of the property sold, be personally paid by defendant No.2 to 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-clause (ii) of clause 2).

4. And it is hereby thither ordered, and decreed that, in default of

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

realised by such sale shall be paid into Court and be duly applied (after
deducting therefrom the expenses of the sale) first in payment of the
amount due to the plaintiff as specified in clause (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 the Code
of Civil Procedure, Act V, 1908, and that the balance, if any, shall be
applied in payment of the amount due to defendant No.2; and that, if any
further 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

realised 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.
G.O.(Rt)No.3217/2023/HOME

7. And it is hereby 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 but defendant No.1 makes default in payment of the amount due
to defendant No.2

*(i) (in the case of a mortgage by conditional sale or an anomalous

mortgage where the only remedy proved for in the mortgage-deed is
foreclosure and not sale) that the defendant 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 and shall,
if so required, deliver to the defendant No.2 quiet and peaceable
possession of the said property; or 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 of 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 realised by such sale shall be paid into Court and be duly
applied (after deducting therefrom the expenses of the sale) in payment
of the amount payable to defendant No.2 under the decree and any
further orders that may be passed after decree and in payment of the
amount with interest, if any, which the 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 to the Code of Civil Procedure, Act V of 1908, and
the balance, if any, shall be applied in payment of the amount due to the
plaintiff, and that, if any balance be left, it shall be paid to defendant No.
I or other persons entitled to receive the same; and

(iv) that, if the money realised by such sale 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
G.O.(Rt)No.3217/2023/HOME

paid by defendant No.1 to defendant No.2.

* Words not required to be deleted.

SCHEDULE

(Description of the Mortgaged property)".

By Order,

---------------------,

Registrar General

Explanatory note

(This does not form part of the notification, but is intended to indicate its
general purport)

The e-Committee, Supreme Court of India has directed to implement

National Service and Tracking of Electronic Processes (NSTEP), a smart
phone application for service of summons, in the subordinate courts in
the State. The said mobile application is for electronic transmission and
service of summons through Process Servers and Bailiffs using smart
phones prescribed by the e-Committee. The proposed system envisages
capturing of photograph, signature and location of the recipient of the
process through the mobile app installed in the smartphone. In order to
empower the implementation the NSTEP Application, it was decided to
amend Rule 18 of Order V.

The Code of Civil Procedure, 1908 was amended by the Code of Civil
G.O.(Rt)No.3217/2023/HOME

Procedure (Amendment) Act, 1999 (Central Act 46 of 1999) and Code of

Civil Procedure (Amendment) Act, 2002 (Central Act 22 of 2002) with
effect from 01/07/2002. The High Court in consultation with the Rule
Committee constituted under section 123 of the Code of Civil Procedure,
1908, examined the necessary consequential State amendments to be
made to the Rules and Orders in the Principal Act in view of the above
said central amending Acts. Hence all the other amendments.

The notification is issued to achieve the above objects.