Civil Procedure Code Final Decree For Foreclosure

Final Decree for Foreclosure (Order XXXIV, Rule 3.)

(Title)

1.     Upon regarding the preliminary decree passed in this suit on the day of________________________________________________any further orders (if any) dated the________________________________day of_________________________and the application of the plaintiff dated the____________________________day of____________________________ for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the said mortgage:

It is hereby ordered and decreed that 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 in the aforesaid preliminary decree mentioned; {Words not required to be deleted} [and (if the defendant be in possession of the said mortgage property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property].

2.     And it is hereby further declared that the whole of the liability whatsoever of the defendant up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.