Rule 5 of CPC : Rule 5: Final decree in suit for sale.

Explanation using Example

Example 1:

Scenario: Rajesh has taken a loan from Suresh by mortgaging his house. Rajesh fails to repay the loan, and Suresh files a suit for the sale of the mortgaged property.

1. Preliminary Decree: The court passes a preliminary decree stating the amount Rajesh owes to Suresh.
2. Final Decree: The court sets a date for Rajesh to repay the amount. Rajesh fails to repay by the specified date.
3. Sale of Property: The court orders the sale of Rajesh's house to recover the loan amount.
4. Payment Before Confirmation: Before the sale is confirmed, Rajesh manages to gather the money and deposits the full amount due into the court.
5. Application by Rajesh: Rajesh applies to the court to stop the sale.
6. Court's Order: The court orders Suresh to return the mortgage documents to Rajesh, transfer the property back to Rajesh, and put Rajesh back in possession of the house.

Example 2:

Scenario: Priya has mortgaged her shop to Anil for a loan. Priya defaults on the loan, and Anil files a suit for the sale of the mortgaged property.

1. Preliminary Decree: The court issues a preliminary decree specifying the amount Priya owes.
2. Final Decree: The court sets a deadline for Priya to repay the amount. Priya fails to repay by the deadline.
3. Sale of Property: The court orders the sale of Priya's shop.
4. Property Sold: The shop is sold to a third party, Ramesh, in an auction.
5. **Payment Before Confir...

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