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Friday, 13 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 1 CPC: Parties to suits for foreclosure, sale and redemption

Bare Act text

1. Parties to suits for foreclosure sale and redemption.—Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage.

Explanation.—A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage.

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

All persons having an interest in the mortgage-security or in the right of redemption must be joined as parties to any suit relating to the mortgage, subject to the Code's provisions. A puisne mortgagee may sue for foreclosure or sale without making the prior mortgagee a party, and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage.

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