2) the Court shall fix a reserve price which shall not be less than the amount found due.
3) If no offer to purchase at the reserve price is made, the Court may order the property
to be put up for sale again in like manner but without a reserve.
129.
Application for Foreclosure:If no sale is effected the plaintiff may apply to the Court for foreclosure.
130.
Procedure Under Application for Foreclosure:1) Where an application for foreclosure is made under section 129, the Court shall cause
notice to be served upon the defendant that it will pass a decree for foreclosure unless
a sufficient sum has been paid into Court within one month from the date of such
notice to satisfy the amount found due as aforesaid and any further interest, costs and
expenses then due including the costs of abortive sale.
2) If such sum has not been paid into Court within such time, the Court shall pass a
decree for foreclosure.
131.
Decree for Foreclosure:The decree for foreclosure shall direct that the defendant and all persons claiming
through or under him be debarred from all right to redeem the mortgaged property.
132.
Right of Subsequent Mortgagee to Redeem and Foreclose:Where property is mortgaged for successive debts to successive mortgages, any
mortgager may institute a suit to redeem the interest of prior mortgagers and to foreclose
the rights of those that are posterior to himself and of the mortgagor.
CHAPTER 3.
SUITS FOR THE PARTITION OF IMMOVABLE
PROPERTY
133.
Who may Institute Partition Suit:Where immovable property is held by co9-owners in undivided shares a suit for the
partition of such property may be instituted by:(a) any one or more of the co-owners; or
(b) any person in whose favour an order for the sale of an undivided share in such
property in execution of decree has been made.
134.
Where Partition may be Refused:Where the property sought to be partitioned is land which in accordance with local
custom is cultivated as a single unit the Court may, if it is satisfied that a partition would
be detrimental to the interest of the co-owners generally, refuse to make a partition.
28