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Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor

Updated: Mar 25

Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor (Order Xxxiv, Rule 8)

(Title)


1.     Upon reading the preliminary decree in this suit on the day of and further orders (if any) dated the day of, and the application of the defendant dated the day of for a final decree and after hearing the parties, and it appearing that the payment as directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage:

It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned (Word not required to be deleted} [and (if the plaintiff be in possession of the said mortgaged property) that the plaintiff shall deliver to the defendant quiet and peaceable possession of the said mortgaged property].

2.     And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.


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