CPC 1908 § Order XXXIV, Rule 4 — Preliminary decree in suit for sale

Statutory text (English)

(1) In a suit for sale, if the plaintiff succeeds, the
Court shall pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub-rule

(1) of rule 2, and further directing that, in default of the defendant paying as therein mentioned, the
plaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient
part thereof be sold, and the proceeds of the sale (after deduction therefrom of the expenses of the sale)
be paid into Court and applied in payment of what has been found or declared under or by the
preliminary decree due to the plaintiff, together with such amount as may have been adjudged due in
respect of subsequent costs, charges, expenses and interest, and the balance, if any, be paid to the
defendant or other persons entitled to receive the same.

(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 at final decree for sale 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) Power to decree sale in foreclosure suit. In a suit for foreclosure in the case of an
anomalous mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit
or of any other person interested in the mortgage-security or the right of redemption, pass a like decree
(in lieu of a decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a
reasonable sum fixed by the Court to meet the expenses of the sale and to secure the performance of
the terms.

(4) Where, in a suit for sale or a suit for foreclosure in which sale is ordered, subsequent
mortgagees or persons deriving title from, or subrogated to the rights of, any such mortgagees are
joined as parties, the preliminary decree referred to in sub-rule

(1) 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, Form No.10 or Form No.11, 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 4 (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, 151, 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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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. 150, 151) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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