Skip to content
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 5 CPC: Final decree in suit for sale

Bare Act text

5. Final decree in suit for sale.—(1) Where, on or before the day fixed or at any time before the confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been passed, an order—

(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if necessary,—

(b) ordering him to transfer the mortgaged property as directed in the said decree, and, also, if necessary,—

(c) ordering him to put the defendant in possession of the property.

(2) Where the mortgaged property or part thereof has been sold in pursuance of a decree passed under sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the defendant, in addition to the amount mentioned in sub-rule (1), deposits in Court for payment to the purchaser a sum equal to five per cent. of the amount of the purchase-money paid into Court by the purchaser. Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof.

(3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application made by the plaintiff in this behalf, pass a final decree directing that the mortgaged property or a sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided in sub-rule (1) of rule 4.

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

If, on or before the fixed day or before confirmation of a sale under a final decree, the defendant pays into Court all amounts due under rule 4(1), the Court passes a final decree or order directing delivery of documents, transfer and possession as needed. Where the property has already been sold, he must also deposit five per cent of the purchase-money for the purchaser, who is repaid the purchase-money with that five per cent. If payment is not made, the Court on the plaintiff's application passes a final decree for sale.

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
ShareWhatsAppTelegramLinkedInX