CPC 1908 § Order XXXIV, Rule 8 — Final decree in redemption suit

Statutory text (English)

(1) Where, before a final decree debarring the plaintiff
from all right to redeem the mortgaged property has been passed or before the confirmation of a sale
held in pursuance of a final decree passed under sub-rule

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

(1) of rule 7, the Court shall, on application
made by the plaintiff in this behalf, pass a final decree or, if such decree has been passed an order—
(a) ordering the defendant 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 plaintiff the mortgaged property as
directed in the said decree,
and, also, if necessary,—
(c) ordering him to put the plaintiff in possession of the property.

(2) Where the mortgaged property or a 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 plaintiff, in addition to the amount mentioned is 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 repayment
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 defendant in this behalf,—
(a) in the case of a mortgage by conditional sale or of such an anomalous mortgage
as is hereinbefore referred to in rule 7, pass a final decree declaring that the
plaintiff and all persons claiming under him are debarred from all right to
redeem the mortgaged property and, also, if necessary, ordering the plaintiff to
put the defendant in possession of the mortgaged property; or
(b) in the case of any other mortgage, not being a usufructuary mortgage, pass a
final decree 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 is found due to the defendant,
and the balance, if any, be paid to the plaintiff or other persons entitled to receive
the same.]
1[8A Recovery of balance due on mortgage in suit for redemption. Where the net proceeds
of any sale held under the last preceding rule are found insufficient to pay the amount due to the
defendant, the Court, on application by him, may, if the balance is legally recoverable from the plaintiff
otherwise than out of the property sold, pass a decree for such balance.]

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIV, Rule 8 (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. 153, 154, 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. 153, 154) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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