CPC 1908 § Appendix D, Form 2 — SIMPLE MONEY DECREE. (Section 34)

Statutory text (English)

(Title)
Claim for
THIS suit coming on this day for final disposal before in the presence of for
the plaintiff and of for the defendant, it is ordered that the do pay to the
the sum of Rs. with interest thereon at the rate of per cent per
annum from to the date of realization of the said sum and do also pay Rs., the costs
of this suit, with interest thereon at the rate of per cent per annum from this date to the date
of realization.
GIVEN under my hand and the seal of the Court, this day of 19.
Judge
Costs of Suits
Plaintiff Defendant
1. Stamp for plaint..
Rs. A. P.
Stamp for power..
Rs. A. P.
2. Do. for power.. Do. for petition..
3. Do for exhibits.. Pleader's fee..
4. Pleader's fee on Rs. Subsistence for witnesses
5. Subsistence for witnesses. Service of process
6. Commissioner's fee Commissioner’s fee
7. Service of process
Total..
Total..
1[NO. 3
PRELIMINARY DECREE FOR FORECLOSURE
(Order XXXIV, rule. 2.— Where accounts are directed to be taken)
(Title)
This suit coming on this day, etc.; It is hereby ordered and decreed that it be
referred to as the Commissioner to take the accounts of following:—
(i) an account of what is due on this date to the plaintiff for principal and interest
on his mortgage mentioned in the plaint (such interest to be computed at the rate
payable on the principal or where no such rate is fixed, at six per cent, per annum
or at such rate as the Court deems reasonable) ;
1Forms 3 to 11 were subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 8 and Sch., for the original forms.
(ii) an account of the income of' the mortgaged property received up to this date by
the plaintiff or by any other person by the order or for the use of the plaintiff or
which without the willful default of the plaintiff or such person might have been
so received;
(iii) an account of all sums of money properly incurred by the plaintiff up to this
date for costs, charges and expenses (other than the costs of the suit) in respect
of the mortgage-security, together with interest thereon (such interest to be
computed at the rate agreed between the parties, or, failing such rate, at the same
rate as is payable on the principal, or, failing both such rates, at nine per cent.per
annum) ;
(iv) an account of any loss or damage caused to the mortgaged property before this
date by any act or omission of the plaintiff which is destructive of, or
permanently injurious to, the property or by his failure to perform any of the
duties imposed upon him by any law for the time being in force or by the terms
of the mortgage-deed.

(2) And it is hereby further ordered and decreed that any amount received under clause (ii) or
adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any
sums paid by the plaintiff under clause (iii) together with interest thereon, and the balance, if any,
shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount
due to the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction
or discharge of the principal.

(3) And it is hereby further ordered that the said Commissioner shall present the account to this
Court with all convenient despatch after making all just allowances on or before the day
of and that upon such report of the Commissioner being received, it shall be confirmed and
countersigned, subject to such modification as may be necessary after consideration of such objections
as the parties to the suit may make.

(4) And it is hereby further ordered and decreed—
(i) that the defendant do pay into Court on or before the day of
, or any later date up to which time for payment may be extended by the
Court, such sum as the Court shall find due, and the sum of Rs. for
the costs of the suit awarded to the plaintiff ;
(ii) that, on such payment and on payment thereafter before such
date as the Court may fix of such amount as the Court may
adjudge due in respect of such costs of the suit and such costs, charges and
expenses as may be payable under rule 10, together with such subsequent
interest as may be payable under rule 11 of Order XXXIV of the First Schedule
to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all
documents in his possession or power relating to the mortgaged property in the
plaint mentioned, and all such documents shall be delivered over to the
defendant, or to such person as he appoints, and the plaintiff shall, if so required,
re-convey or re-transfer the said property free from the said mortgage and clear
of and from all incumbrances created by the plaintiff or any person claiming
under him or any person under whom he claims and free from all liability
whatsoever arising from the mortgage or this suit and shall, if so required,
deliver up to the defendant quiet and peaceable possession of the said property.

(5) And it is hereby further ordered and decreed that, in default of payment as aforesaid, the
plaintiff shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth
stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property
described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and
peaceable possession of the said property; and that the parties shall be at liberty to apply to Court from
time to time as they may have occasion, and on such application or otherwise the Court may give such
directions as it thinks fit.
SCHEDULE
Description of the mortgaged property

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Appendix D, Form 2 (Appendix D (DECREES)): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Appendices A-H statutory forms, pp. 185-318; printed FOURTH/FIFTH Schedule stubs omitted/repealed), p. 236, 237, 238, 239, 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

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 236, 237, 238, 239) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription;…

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