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 Confirmation: Before the sale is confirmed, Priya manages to arrange the money and deposits the full amount due, plus an additional 5% of the purchase price, into the court.
6. Application by Priya: Priya applies to the court to stop the sale.
7. Court's Order: The court orders Ramesh to be repaid the purchase money along with an additional 5%. The court also orders Anil to return the mortgage documents to Priya, transfer the property back to Priya, and put Priya back in possession of the shop.

Example 3:

Scenario: Mohan has mortgaged his farmland to Ravi for a loan. Mohan defaults on the loan, and Ravi files a suit for the sale of the mortgaged property.

1. Preliminary Decree: The court issues a preliminary decree specifying the amount Mohan owes.
2. Final Decree: The court sets a deadline for Mohan to repay the amount. Mohan fails to repay by the deadline.
3. Sale of Property: The court orders the sale of Mohan's farmland.
4. Property Sold: The farmland is sold to a third party, Sunil, in an auction.
5. No Payment Before Confirmation: Mohan is unable to arrange the money before the sale is confirmed.
6. Court's Order: The court confirms the sale, and the proceeds from the sale are used to pay off the loan amount owed to Ravi. Mohan loses possession of the farmland permanently.

Example 4:

Scenario: Anjali has mortgaged her apartment to Neha for a loan. Anjali defaults on the loan, and Neha files a suit for the sale of the mortgaged property.

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