CPC 1908 § Order XXXIV, Rule 2 — Preliminary decree in foreclosure suit

Statutory text (English)

In a suit for foreclosure, if the plaintiff succeeds,
the Court shall pass a preliminary decree—
(a) Ordering that an account be taken of what was due to the plaintiff at the date of
such decree for—
(i) principal and interest on the mortgage,
(ii) the costs of suit, if any, awarded to him, and
(iii) other costs, charges and expenses properly incurred by him up to that
date in respect of his mortgage-security, together with interest thereon;
or
(b) declaring the amount so due at that date; and
(c) directing—
(i) that, if the defendant pays into Court the amount so found or declared
due on or before such date as the Court may fix within six months from
the date on which the Court confirms and countersigns the account taken
under clause (a), or from the date on which such amount is declared in
Court under clause (b), as the case may be, and thereafter pays such
amount as may be adjudged due in respect of subsequent costs, charges
and expenses as provided in rule 10, together with subsequent interest
on such sums respectively as provided in rule 11, the plaintiff shall
deliver up to the defendant, or to such person as the defendant appoints,
all documents in his possession or power relating to the mortgaged
property, and shall, if so required, re-transfer the property to the
defendant at his cost free from the mortgage and from all encumbrances
created by the plaintiff or any person claiming under him, or, where the
plaintiff claims, by derived title, by those under whom he claims, and
shall also, if necessary, put the defendant in possession of the property;
and
(ii) that, if payment of the amount found or declared due under or by the
preliminary decree is not made on or before the date so fixed, or the
defendant fails to pay within such time as the Court may fix, the
amount adjudged due in respect of subsequent costs, charges, expenses
and interest, the plaintiff shall be entitled to apply for a final decree
debarring the defendant from all right to redeem the property.

(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time
to time, at any time before a final decree is passed, extend the time fixed for the payment of the amount
found or declared due under sub-rule

(1) or of the amount adjudged due in respect of subsequent costs,
charges, expenses and interest.

(3) Where, in a suit for foreclosure, subsequent mortgagees or persons deriving title from, or
subrogated to the rights of, any such mortgagees are joined as part ies, the preliminary decree shall
provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner
and form set forth in Form No.9 or Form No.10, as the case may be, of Appendix D with such variations
as the circumstances of the case may require.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIV, Rule 2 (SUITS RELATING TO MORTGAGES OF IMMOVEABLE PROPERTY): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 149, 150, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 149, 150) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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