CPC 1908 § Order XXXIV, Rule 3 — Final decree in foreclosure suit

Statutory text (English)

(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 of 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 are 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.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIV, Rule 3 (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. 150, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

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Historical text notes

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

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