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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 3 CPC: Final decree in foreclosure-suit

Bare Act text

3. Final decree in foreclosure suit.—(1) Where, before a final decree debarring the defendant from all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application made by the defendant in this behalf, pass a final decree—

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

(b) ordering him to re-transfer at the cost or the defendant 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 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 declaring that the defendant and all persons claiming through or under him or debarred from all right to redeem the mortgaged property and also, if necessary, ordering the defendant to put the plaintiff in possession of the property.

(3) On the passing of a final decree under sub-rule (2), 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.

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, before a final decree debarring the defendant from redemption is passed, the defendant pays into Court all amounts due under rule 2(1), the Court, on his application, passes a final decree ordering the plaintiff to deliver up documents, re-transfer the property at the defendant's cost and give possession if necessary. If payment is not made, the Court on the plaintiff's application passes a final decree debarring the defendant and those claiming under him from redeeming, and the defendant's liabilities are deemed discharged.

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
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