CPC 1908 § Appendix D, Form 10 — PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON SUBSEQUENT MORTGAGE.

Statutory text (English)

Plaintiff.......... 2nd Mortgagee,
vs.
Defendant No.1......... Mortgagor
Defendant No.2......... 1st Mortgagee]
The suit coming on this day, etc.; It is hereby declared that the amount due to defendant No.2 on
the 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
defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of
*Words not required to be deleted.
Rs. for the costs of this suit awarded to defendant No.2, making in all the sum of
Rs.
(Similar declarations to be introduced with regard to the amount due from defendant No.1 to
the plaintiff in respect of his mortgage if the mortgage money due there-under has become payable at
the date of the suit.)
2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in
priority to the plaintiff *[or (if there are several subsequent mortgagees) that the several parties hereto
are entitled in the following order to the payment of the sums due to them respectively:-]
3. And it is hereby ordered and decreed as follows:—
(i)(a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or
before the day of or any later date up to which time
for payment has been extended by the Court the said sum of Rs. due
to defendant No. 2; and
(b) that defendant No.1 do pay into Court on or before the day of
or any later date up-to which time for payment has been extended
by the Court the said sum of Rs. due to the plaintiff ; and
(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff and
defendant No.1 or either of them in the manner prescribed in clause (i) (a) 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, defendant No. 2 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 plaintiff or defendant No.1 (whoever has made the payment), or to such
person as he appoints, and defendant No. 2 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 defendant No.2 or any person claiming under
him or any person under whom he claims, and also free, from all liability
whatsoever arising from the mortgage or this suit and shall, if so required,
deliver up to the plaintiff or defendant No.1 (whoever has made the payment)
quiet and peaceable possession of the said property.
(Similar declarations to be introduced, if defendant No.1 pays the amount found or declared
due to the plaintiff with such variations as may be necessary having regard to the nature of his
mortgage.)
4. And it is hereby further ordered and decreed that in default of payment as aforesaid, of the
amount due to defendant No.2, defendant No.2 shall be at liberty to apply to the Court that the suit be
dismissed or for a final decree—
*Words not required to be deleted.
(i) *[in the case of mortgage by conditional sale or an anomalous mortgage where the
only remedy provided for in the mortgage deed is foreclosure and not sale] that the
plaintiff and defendant No.1 jointly and severally 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 to the
defendant No.2 quiet and peaceable possession of the property; or
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part
thereof shall be sold; and that for the purposes of such sale defendant No.2 shall
produce before the Court or such officer as it appoints, all documents in his
possession or power relating to the mortgaged property; and
(iii) *[in the case where a sale is ordered under clause 4(ii) above ] that the money
realized by such sale shall be paid into Court and be duly applied (after deduction
therefrom of the expenses of the sale) in payment of the amount payable to
defendant No. 2 under the decree and any further orders that may be passed in this
suit and in payment of the amount which the Court may adjudge due to defendant

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Appendix D, Form 10 (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. 256, 257, 258, 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. 256, 257, 258) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription;…

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