Code of Civil Procedure, 1908 · Order XXXIV: Suits Relating To Mortgages Of Immovable Property

Order XXXIV Rule 15 CPC: Mortgages by the deposit of title-deeds and charges

Bare Act text

[15. Mortgages by the deposit of title deeds and charges.—[(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882);

[(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.]

Amendment notes

Subs. by Act 21 of 1929, s. 7, for rule 15.
Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977).
Ins. by s. 82, ibid. (w.e.f. 1-2-1977).

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

The provisions of Order XXXIV that apply to a simple mortgage apply, so far as may be, to a mortgage by deposit of title-deeds under section 58 of the Transfer of Property Act, 1882, and to a charge under section 100 of that Act. Where a decree orders payment of money and charges it on immovable property on default, the amount may be realised by sale of that property in execution of the same decree. Sub-rule (2) was added by the 1976 amendment.