CPC 1908 § Order XXXIV, Rule 7 — Preliminary decree in redemption suit

Statutory text (English)

(1) In a suit for redemption, if the plaintiff
succeeds, the Court shall pass a preliminary decree—
(a) ordering that an account be taken of what was due to the defendant 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 plaintiff 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 defendant shall deliver
up the plaintiff, or to such person as the plaintiff appoints, all
documents in his possession or power relating to the mortgaged
property, and shall, if so required, re-transfer the property to the plaintiff
at his cost free from the mortgage and from all encumbrances created by
the defendant or any person claiming under him, or where the defendant
claims by derived title, by those under whom he claims, and shall also
if necessary, put the plaintiff 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
plaintiff 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 defendant shall be entitled to apply for a final decree—
(a) in the case of a mortgage other than a usufructuary mortgage, a
mortgage by conditional sale, or an anomalous mortgage the
terms of which provide for foreclosure only and not for sale, that
the mortgaged property be sold, or
(b) in the case of a mortgage by conditional sale or such an
anomalous mortgage as aforesaid, that the plaintiff be debarred
from all rights to redeem the property.

(3) The Court may, on good cause shown and upon terms to be fixed by the Court, from time
to time, at any time before the passing of a final decree for foreclosure or sale, as the case may be,
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.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIV, Rule 7 (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. 152, 153, 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. 152, 153) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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