5. Final decree in suit for sale.- (1) Where, on or before the day fixed or at any time before the confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the defendant makes payment into court of all amounts due from him under sub-rule (1) of rule 4, the court shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been passed, an order— (a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if necessary— (b) ordering him to transfer the mortgaged property as directed in the said decree, and also if necessary, (c) ordering him to put the defendant in possession of the property. (2) Where the mortgaged property or part thereof has been sold in pursuance of a decree passed under sub-rule (3) of this rule, the court shall not pass an Order under sub-rule (1) of this rule, unless the defendant, in addition to the amount mentioned in sub-rule (1), deposits in court for payment to the purchaser a sum equal to five per cent of the amount of the purchase money paid into court by the purchaser. Where such deposit has been made, the purchaser shall be entitled to an Order for repayment of the amount of the purchase money paid into court by him, together with a sun equal to five per cent thereof. (3) Where payment in accordance with sub-rule (1) has not been made, the court shall, on application made by the plaintiff in this behalf, pass a final decree directing that the mortgaged property or a sufficient part thereof be sold, and that the proceeds of the sale be dealt within the manner provided in sub-rule (1) of rule 4. HIGH COURT AMENDMENTS Andhra, Madras and Pondicherry.- Substitute sub-rule (3) as follows: “Where payment in accordance with sub-rule (1) has not been made the Court shall on application made by the plaintiff in this behalf and after notice to all the parties, pass a final decree directing that the mortgaged property or a sufficient part thereof be sold, and that the proceeds of the sale be dealt within the manner provided in sub-rule (1) of Rule 4. Kerala: Laccadive and Minicoy Islands.- (3) In sub-rule (3) between the words “in this behalf” and “pass final decree” insert the words “after notice to all parties”.
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