6. Recovery of balance due on mortgage in suit for sale.—Where the net proceeds of any sale held under [rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold, pass a decree for such balance.
Amendment notes
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.
Where the net proceeds of a sale held under rule 5 are insufficient to pay the plaintiff the amount due, the Court may, on his application, pass a decree for the balance, if it is legally recoverable from the defendant otherwise than out of the property sold. The reference to rule 5 was substituted by the 1976 amendment.