280 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Decree may direct payment of amount due on mortgage by instalment.
The court may at the time of passing the decree in any suit relating to a mortgage by which any loan is secured order that payment of any amount decreed in such suit, shall be made by instalments notwithstanding anything to the contrary contained in any contract between the money-lender and the person to whom the loan was advanced.
Court to estimate the value of judgement-debtor’s property.
- When an application is made for the execution of a decree by the attachment and sale of the judgement-debtor’s property, the court executing the decree, shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, hear the parties to the decree and estimate the value of such property and of that portion of such property the proceeds of the sale of which it considers will be sufficient to satisfy the decree.
Only sufficient portion of judgement debtor’s property to be sold.
- Notwithstanding anything contained in the Code of Civil Procedure, 1908, the proclamation of the intended sale shall include only so much of the property the proceeds of the sale of which the court considers will be sufficient to satisfy the decree and such property shall not be sold at a price lower than the price specified in the said proclamation.
Saving of power of court under Usurious Loans Act.
- Except as is otherwise provided by this Act nothing herein contained shall affect the powers of a Court under the Usurious Loans Act, 1918.
Contract for payment outside the Province void.
- Any contract entered into between a money-lender and his debtor in respect of a loan advanced after the commencement of this Act providing for the payment of the amount due on such loan at any place outside the province of Bombay shall be void.