Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXXIV · Suits relating to mortgages of immovable property

8ARecovery of balance due on mortgage in suit for redemption.

Order 34, Rule 8A

Where the net proceeds of any sale held under 2[rule 8] are found insufficient to pay the amount due to the defendant, the Court, 3[on application by him in execution], may, if the balance is legally recoverable from the plaintiff otherwise than out of the property sold, pass a decree for such balance.]

1 Ins. by Act 21 of 1929, s. 5.

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

3 Subs. by s. 82, ibid., for “on application by him” (w.e.f. 1-2-1977).

Order 34, Rule 8A 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.