CPC 1908 § Appendix D, Form 3 — PRELIMINARY DECREE FOR FORECLOSURE

Statutory text (English)

A
(Order XXXIV, rule 2.-Where the Court declares amount due)
(Title)
This suit coming on this day etc. ; It is hereby declared that the amount due to the
plaintiff on his mortgage mentioned in the plaint calculated up to this day of
is the sum of Rs. for principal, the sum of Rs. for interest on the
said principal, the sum of Rs. for costs, charges and expenses (other than the costs of
the suit) properly incurred by the plaintiff in respect of the mortgage security, together with interest
thereon, and the sum of Rs. for the costs of the suit awarded to the plaintiff, making
in all the sum of Rs.
2. And it is hereby ordered and decreed as follows:—
(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 of the said sum of Rs.
(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.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the
plaintiff may 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 the Court from time
to time as the may have occasion, and on such application or otherwise the Court may give such
directions as it thinks fit.
SCHEDULE
Description of the mortgage property

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Appendix D, Form 3 (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. 239, 240, 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. 239, 240) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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