BBanaka App Studio

First Schedule · Order 34 · Rule 12

Sale of property subject to prior mortgage

12. Sale of property subject to prior mortgage.—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.

Understand civil procedure

Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation. Source checked: 2026-10-01. Source PDF page: 204. Government reference PDF. 2025 amending Act. For reference and study, not individual legal advice.