CPC 1908 § Order XXXIV, Rule 5 — Final decree in suit for sale

Statutory text (English)

(1) Where, on or before the day fixed or at any time before
the confirmation of a sale made in pursuance of a final decree passed under sub-rule

(3) of this rule,
the defendant makes payment into Court of all amounts due from him under sub-sule

(1) of rule 4,
the Court shall, on application made by the defendant in this behalf, pass a final decree or, if such
decree has been passed, an order—
(a) ordering the plaintiff to deliver up the documents referred to in the preliminary
decree,
and if necessary,—
(b) ordering him to transfer 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 the mortgaged property or part thereof has been sold in pursuance of a decree passed
under sub-rule

(3) of this rule, the Court shall not pass an order under sub-rule

(1) of this rule, unless
the defendant, in addition to the amount mentioned in sub-rule

(1), deposits in Court for payment to
the purchaser a sum equal to five per cent of the amount of the purchase-money paid into Court by the
purchaser.
Where such deposit has been made, the purchaser shall be entitled to an order for re-payment
of the amount of the purchase-money paid into Court by him, together with a sum equal to five per
cent, thereof.

(3) 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 directing that the mortgaged property
or a sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided
in sub-rule

(1) of rule 4.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIV, Rule 5 (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. 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

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

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. 151) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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