First Schedule — Order XXXIV: Suits Relating to Mortgages of Immovable Property
Order 34 Rule 12 — Sale of property subject to prior mortgage
Code of Civil Procedure, 1908 · Free to read
Where any property the sale of which is directed under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, direct that the property-be sold free from the same, giving to such prior mortgagee the same interest in the proceeds of the sale as he had in the property sold.