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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXIV: Suits Relating To Mortgages Of Immovable Property

Order XXXIV Rule 7 CPC: Preliminary decree in redemption suit

Bare Act text

7. Preliminary decree in redemption suit.—(1) In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree—

(a) ordering that an account be taken of what was due to the defendant at the date of such decree for—

(i) principal and interest on the mortgage,

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

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

(b) declaring the amount so due at that date; and

(c) directing—

(i) that, if the plaintiff pays into Court the amount so found or declared due on or before such date as the Court may fix within six months from the date on which the Court confirms and countersigns the account taken under clause (a), or from the date on which such amount is declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10, together with subsequent interest on such sums respectively as provided in rule 11, the defendant shall deliver up to the plaintiff, or to such person as the plaintiff 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 the mortgage and from all encumbrances created by the defendant or any person claiming under him where the defendant claims by derived title, by those under whom the claims, and shall also, if necessary put the plaintiff in possession of the property; and

(ii) that, if payment of the amount found or declared due under or by the preliminary decree is not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest, the defendant shall be entitled to apply for a final decree—

(a) in the case of a mortgage other than a usufructuary mortgage, a mortgage by conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only and not for sale, that the mortgage property, be sold, or

(b) in the case of a mortgage by conditional sale or such an anomalous mortgage as aforesaid, that the plaintiff be debarred from all right to redeem the property.

(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before the passing of a final decree for foreclosure or sale, as the case may be, extend the time fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges, expenses and interest.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In a redemption suit, if the plaintiff succeeds, the Court passes a preliminary decree ordering an account of, or declaring, the amount due to the defendant for principal, interest, costs and charges, and directing that, if the plaintiff pays it by a date fixed within six months, the defendant must deliver up documents, re-transfer the property and give possession. On default, the defendant may apply for a final decree for sale, or, for a mortgage by conditional sale or similar anomalous mortgage, for debarring the plaintiff from redemption. The Court may extend time.

Order XXXIV: Suits Relating To Mortgages Of Immovable Property

  1. 1 Parties to suits for foreclosure, sale and redemption
  2. 2 Preliminary decree in foreclosure-suit
  3. 3 Final decree in foreclosure-suit
  4. 4 Preliminary decree in suit for sale
  5. 5 Final decree in suit for sale
  6. 6 Recovery of balance due on mortgage in suit for sale
  7. 7 Preliminary decree in redemption suit
  8. 8 Final decree in redemption suit
  9. 8A Recovery of balance due on mortgage in suit for redemption
  10. 9 Decree where nothing is found due or where mortgagee has been overpaid
  11. 10 Costs of mortgagee subsequent to decree
  12. 10A Power of Court to direct mortgagee to pay mesne profits
  13. 11 Payment of interest
  14. 12 Sale of property subject to prior mortgage
  15. 13 Application of proceeds
  16. 14 Suit for sale necessary for bringing mortgaged property to sale
  17. 15 Mortgages by the deposit of title-deeds and charges