(2) Any person who is interested in the mortgaged property or in the mortgage, shall be
joined as a party.
122.
Conditions for Institution of a Suit for Redemption:Where a time for the payment of the principal money is not specified in the mortgage
deed or where the mortgagor has not exercised his right to redeem at the expiration of
such time, the mortgagor shall not be entitled to redeem except in the following cases:(a) if the property mortgaged is agricultural land and the mortgager has entered
into possession in accordance with the terms of the mortgage deed, unless the
mortgager has give notice to the mortgager of his intention to redeem and
until the mortgager has had sufficient time to harvest any crop under
cultivation at the time of such notice;
(b) if the property mortgaged is land other than agricultural land and the
mortgager has entered into possession in accordance with the terms of
mortgage deed, unless the mortgagor has given the mortgager three months
notice of his intention to redeem;
(c) in any other case until the mortgagor has given to the mortgager three months
notice of his intention to redeem or has paid or tendered to the mortgager
three months’ interest in lieu of such notice.
123.
Conditions for Institution of a Suit for Sale or Foreclosure:1) Where default in payment of the principal or of the interest or of any other periodical
payment secured by a mortgage has been made for a period of one month, the mortgager
may, after giving notice in writing to the mortgagor of his intention to do so, institute a
suit for the sale or foreclosure of the mortgaged property.
(2) No such suit shall be instituted before the expiration of one month from the service of
the notice provided for in sub-section (1).
124.
Where a Mortgagee is not Entitled to a Decree for Foreclosure:The mortgager shall not be entitled to a decree for foreclosure:(a) where the time for payment of the principal money is not specified in the
mortgage deed and the mortgager has entered into possession of the
mortgaged property in accordance with the terms of the mortgage deed; or
(b) in any other case, until the Court has made an order for the sale of the
mortgaged property and no sale have been effected.
125.
Discharge of Debt on Foreclosure:Where the Court has passed a decree for foreclosure the debt secured by the mortgage
shall be extinguished.
126.
Account between the Mortgagor and the Mortgagee:1) where during the continuance of the mortgage, the mortgager takes possession of the
mortgaged property the Court shall take an account between the mortgagor and the
mortgager in the following manner:-
26