In the First Schedule, in Order XXXIV,-



(i)in rule 6, for the words "the last preceding rule", the word and figure "rule 5" shall be substituted;



(ii)in rule 8A,-



(a)for the words "the last preceding rule", the word and figure "rule 8" shall be substituted;



(b)for the words "on application by him", the words "on application by him in execution" shall be substituted;



(iii)to rule 10, the following proviso shall be added, namely:-



"Provided that where the mortgagor, before or at the time of the institution of the suit, tenders or deposits the amount due on the mortgage, or such amount as is not substantially deficient in the opinion of the Court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall be entitled to recover his own costs of the suit from the mortgagee unless the Court, for reasons to be recorded, otherwise directs.";



(iv)after rule 10, the following rule shall be inserted, namely:-



"10A.Power of Court to direct mortgagee to pay mesne profits.- Where in a suit for foreclosure, the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct the mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit.";



(v)rule 15 shall be re-numbered as sub-rule (1) of that rule, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-



"(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.".