Amendment status not verified — confirm the current text below against the official source.
(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; 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 upto 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, re-transfer 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 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 right 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.