Rule 8 of CPC : Rule 8: Final decree in redemption suit.

Explanation using Example

Example 1:

Scenario: Ramesh has mortgaged his house to Suresh for a loan. Ramesh fails to repay the loan on time, and Suresh files a redemption suit to recover the loan amount.

Application of Rule 8:

1. Before Final Decree: Before the court passes a final decree that would prevent Ramesh from redeeming his house, Ramesh manages to gather the money he owes and deposits it into the court.
2. Court's Action: Ramesh applies to the court, and the court orders Suresh to:
   • Deliver all the mortgage documents back to Ramesh.
   • Re-transfer the house back to Ramesh at Ramesh's cost.
   • Put Ramesh back in possession of the house.

Example 2:

Scenario: Priya has mortgaged her shop to Anil. Priya fails to repay the loan, and Anil gets a final decree from the court to sell the shop. The shop is sold to a third party, Rajesh.

Application of Rule 8:

1. After Sale but Before Confirmation: Before the sale is confirmed, Priya manages to arrange the money she owes, including an additional 5% of the purchase money paid by Rajesh.
2. Court's Action: Priya deposits the total amount into the court, and the court orders:
   • Rajesh to be repaid the purchase money he paid, plus an additional 5%.
   • The shop to be re-transferred to Priya.
   • Priya to be put back in possession of the shop.

Example 3:

Scenario: Sunita has mortgaged her farmland to Vijay. Sunita fails to repay the loan, and Vijay gets a final decree from the court to sell the farmland. Sunita does not make any payment to the court.

Application of Rule 8:

1. No Payment Made: Since Sunita does not make the required payment, Vijay applies to the court.
2. Court's Action: The court:
   • Declares that Sunita and anyone claiming under her have no right to redeem the farmland.
   • Orders Sunita to hand over possession of the farmland to Vijay.

Example 4:

Scenario: Arjun has mortgaged his apartment to Neha. Arjun fails to repay the loan, and Neha gets a final decree from the court to sell the apartment. The apartment is sold, and Arjun does not make any payment to the court.

Application of Rule 8:

1. No Payment Made: Since Arjun does not make the required payment, Neha applies to the court.
2. Court's Action: The court:
   • Orders the sale proceeds (after deducting sale expenses) to be paid into the court.
   • Uses the sale proceeds to pay Neha what she is owed.
   • Pays any remaining balance to Arjun or other entitled persons.