Suit for sale necessary for bringing mortgaged property to sale
Suits relating to mortgages of immovable property, in the First Schedule to The Code of Civil Procedure, 1908
(1) Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2.
(2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXXIV Rule 14 CPC and Order 34 Rule 14 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 34 Rule 14 CPC, Order XXXIV Rule 14 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.