Section 14. Suit for sale necessary for bringing mortgaged property to sale

14. Suit for sale necessary for bringing mortgaged property to sale .—(1) Where a mortgagee 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. enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in (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. 1 [15. Mortgages by the deposit of title deeds and charges. —2[(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882); 3[(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.] ORDER XXXV INTERPLEADER 14. Increase of security found inadequate .—(1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may, on the application of the other party, require further security. (2) In default of such further security being furnished as required by the Court,— (a) if the original security was furnished by the appellant, the Court may, on the application of the respondent, execute the decree, appealed from as if the appellant had furnished no such security; (b) if the original security was furnished by the respondent, the Court shall so far as may be practicable, stay the further execution of the decree, and restore the parties to the position in which they respectively were when the security which appears inadequate was furnished, or give such direction respecting the subject-matter of the appeal as it thinks fit. 15 . Procedure to enforce orders of the Supreme Court .—(1) Whoever desires to obtain execution of[ 2] [any decree or order] of[1] [the Supreme Court] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to[1] [the Supreme Court] was preferred. 14. Decree in pre-emption suit.— (1) Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall— (a) specify a day on or before which the purchase-money shall be so paid, and (b) direct that on payment into Court of such purchase-money, together with the costs (if any) decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed with costs. (2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,— (a) if and in so far as the claims decreed are equal in decree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of 1. Subs. by Act 104 of 1976, s. 70, for cl. (b) (w.e.f. 1-2-1977). 2. Ins. by s. 70, ibid. (w.e.f. 1-2-1977). the property including any proportionate share in respect of which the claim of any pre-emptor failing to comply with the said provisions would, but for such default, have taken effect; and 14. Publication and service of notice of day for hearing appeal.— (1) Notice of the day fixed under rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to appear and answer, and all the provisions applicable to such summons, and to proceedings with reference to the service thereof, shall apply to the service of such notice. (2) Appellate Court may itself cause notice to be served.— Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on the respondent or his pleader under the provisions above referred to. 1[(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal. (4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal. (5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.] (2) Such Court shall transmit the[3] [decree or order] of[1] [the Supreme Court] to the Court which passed the first decree appealed from, or to such other Court as[1] [the Supreme Court] by such[3] [decree or order] may direct and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said[3] [decree or order] is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees. 4* * * * * 1. Subs. by the A.O. 1950, for "His Majesty in Council". 2. Subs. by the A.O. 1950, for "any order". 3. Subs. by ibid., for "order". 14. Service on agent in charge in suits for immovable property. —Where in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant (b) if and in so far as the claims decreed are different in degree, that the claim of the inferior preemptor shall not take effect unless and until the superior pre-emptor has failed to comply with the said provisions. 15. [ Contents of notice .] Omitted by Code of Civil Procedure (Amendment) Act 1999, (46 of 1999), s. 31 ( w.e.f. 1-7-2002.) Procedure on hearing 14. No decree to be set aside without notice to opposite party.— No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party. ORDER X Examination of parties by the court 14. Production of documents.— It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just. 14. Court may of its own accord summon as witnesses strangers to suit.— Subject to the provisions of this Code as to attendance and appearance and to any law for the time being in force, where the Court at any time thinks it necessary[1] [to examine any person, including a party to the suit] and not called as a witness by a party to the suit, the Court may, of its own motion, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession, on a day to be appointed, and may examine him as a witness or require him to produce such document. 14. Power to require certified extract from Collector's register in certain cases. —Where an application is made for the attachment of any land which is registered in the office of the Collector, the Court may require the applicant to produce a certified extract from the register of such office, specifying the persons registered as proprietors of, or as possessing any transferable interest in, the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors. 14. Procedure of Commissioner.— (1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directly by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalizing the value of the shares. (2) The commissioner shall then prepare and sign a report or the Commissioners (where the commission was issued to more than one person and they cannot agree) shall prepare and sign separate reports appointing the share of each party and distinguishing each share (if so directed by the said order) by metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court; and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same. (3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit. General provisions 14. Unreasonable or improper suit .—(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper. (2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit. 1[15. Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind.— Rules 1 to 14 (except rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing being sued.] 1. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1-2-1977). 14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of ……………. and that the ………………* do certify the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the ……………. day of ………….. * Here insert name of proper officer.