prof s c pratihar (medical practitioner &legal studies) 15 November 2008

for money and for degree for payment of money

dear sir ,

the english language to interpret the subject matter is not so easy . law mirror .com trying to make law language simple.does it include mortgage degree directing sale of mortgage property?

Reply Follow

3 Replies

Nishith P Thakkar (lawyer) 16 November 2008

dear sir

pls read order 34 rule 11and 14

for the purpose of morguage property no money decree be enforciable by way of executionunder O21 , the remedy is that, even after getting the decree for money in money suit the plaintiff has to file suit for the sale of morguage property. and get the decree for that suit.

prof s c pratihar (medical practitioner &legal studies) 16 November 2008

thanks

anonymus (confidential) 23 November 2008

in adiition to mr.thakkar's answer let me add,
After obtaining final decree for sale of mortgaged property, if the amount is not paid, the mortgaged property must be brought to sale by filing EP to realise the decree amount.