Order 34 Rule 9:- Decree where nothing is found due or where mortgagee has been overpaid.

Decree where nothing is found due or where mortgagee has been overpaid. – Notwithstanding anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is due to the defendant or that he has been overpaid, the Court shall pass a decree directing the defendant, if so required, to re-transfer the property and to pay to the plaintiff and amount which may be found due to him; and the plaintiff shall, if necessary, be put in possession of the mortgaged property.

 

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