First Schedule — Order XXXIV: Suits Relating to Mortgages of Immovable Property

Order 34 Rule 10A — Power of Court to direct mortgagee to pay mesne profits

Code of Civil Procedure, 1908 · Free to read

Where in a suit for foreclosure, the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct the mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit.