CPC 1908 § Appendix D, Form 5 — PRELIMINARY DECREES FOR SALE

Statutory text (English)

(Order XXXIV, rule 4.— 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 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 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) ;
(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 cost
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 mortgage and clear of and from all in cumbrances created
by the plaintiff or any person claiming under him or any person under whom he
claims 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 may apply to the Court for a final decree for the sale of the mortgaged property; and on such
application being made the mortgaged property or a sufficient part thereof shall be directed to be sold;
and for the purposes of such sale the plaintiff shall produce before the Court, or such officer as it
appoints, all documents in his possession or power relating to the mortgaged property.
6. And it is hereby further ordered and decreed that, the money realised by such sale shall be
paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in
payment of the amount payable to the plaintiff under this decree and under any further orders that
may be passed in this suit and in payment of any amount which the Court may adjudge due to the
plaintiff 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, and that the balance, if any, shall
be paid to the defendant or other persons entitled to receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient
for payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where
such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in
force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are
at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise
the Court may give such directions at it thinks fit.
SCHEDULE
Description of the mortgaged property

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Appendix D, Form 5 (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. 241, 242, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

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

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