Suit for sale necessary for bringing mortgaged property to sale.

Suit for sale necessary for bringing mortgaged property to sale.

 

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 1 Order II, rule 2.
 

(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.

 
 
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