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Exploring the Proceedings on Mortgagee’s Application for Final Decree under Code of Civil Procedure, 1908
The final decree proceedings under the Code of Civil Procedure (CPC) 1908 is a crucial aspect of Mortgage Law, especially in India. In this in-depth article, legal experts at SimranLaw, a leading law firm with extensive experience, decipher the complex issues revolving around the Mortgagee’s application for a final decree. Our aim, in this discourse, is to deepen the readers’ understanding of law.
Understanding the Concept of Final Decree
A final decree in a mortgage suit helps determine and establish the rights and liabilities of the parties involved in regard to the loan in question.
Key Provisions and Applications
Order 34 Rule 5 of the CPC
- It involves the passing of a preliminary decree which contains an order for payment of the mortgage money or the sale of the mortgaged property or both.
- This is followed by a time-bound stipulation, typically six months from the date of the decree, for the mortgagor to fulfill these obligations. Upon failure to do so, the mortgagee has the right to apply for a final decree.
Order 34 Rule 5 (3) of the CPC
- This provisions details the right for the mortgagee to apply for a final decree anytime after the expiration of the stipulated time till realization of the full mortgage amount.
Relevant Case Laws and Judgments
- General Manager O.F., Kanpur & Ors. vs Shri Kant Singh (1995)
- This case established the right of the aggrieved party to apply for a final decree till the mortgage money has been fully paid off.
- Phool Singh vs Mst. Sheodati (1996)
- The court, in this case, reiterated that the mortgagee can apply for a final decree at any time after the expiration of the preliminary decree till the mortgage money is fully realized.
- Koppula Venkat Rao vs Duggirala Venkat Ratnam (2008)
- The court ruled that applications for final decree need not necessarily be maintainable only in the same court that passed the preliminary decree.
- Smt. Rukmani vs Smt. Radha Devi (2012)
- This case affirmed that the non-filing of application for final decree within time limit from the date of the preliminary decree does not extinguish the right of the mortgagee to apply for a final decree.
For detailed advice on final decree applications under the Code of Civil Procedure, 1908, it is best to consult with experienced attorneys like SimranLaw who can help navigate through the complex legal landscape.
Remember, this article aims to provide a broad understanding of this aspect of law. It should not be used as, or deemed to constitute, legal advice.