Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXXIV · Suits relating to mortgages of immovable property

6Recovery of balance due on mortgage in suit for sale.

Order 34, Rule 6

Where the net proceeds of any sale held under 1[rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold, pass a decree for such balance.

1 Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).

Order 34, Rule 6 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.