Section 67:
Right to foreclosure or sale.
In the absence of a contract to the contrary, the mortgagee
has, at any time after the mortgage-money has become 1[due] to him, and before a decree has been
made for the redemption of the mortgaged property, or the mortgage-money has been paid or
deposited as hereinafter provided, a right to obtain from the Court 2[a decree] that the mortgagor
shall be absolutely debarred of his right to redeem the property, or 2[a decree] that the property be
sold.
A suit to obtain 2[a decree] that a mortgagor shall be absolutely debarred of his right to redeem the
mortgaged property is called a suit for foreclosure.
Nothing in this section shall be deemed--
2[(a) to authorise any mortgagee, other than a mortgagee by conditional sale or a
mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to
institute a suit for foreclosure, or an usufructuary mortgagee as such or a mortgagee by
conditional sale as such to institute a suit for sale; or]
(b) to authorise a mortgagor who holds the mortgagee's rights as his trustee or legal
representative, and who may sue for a sale of the property, to institute a suit for foreclosure;
or
(c) to authorise the mortgagee of a railway, canal or other work in the maintenance of which the
public are interested, to institute a suit for foreclosure or sale; or
(d) to authorise a person interested in part only of the mortgage-money to-institute a suit
relating only to a corresponding part of the mortgaged property, unless the mortgagees have,
with the consent of the mortgagor, severed their interests under the mortgage.
Notes:
1. Subs. by s. 31, ibid., for "payable".
2. Subs. by s. 31, ibid., for "an order".
3. Subs. by Act 20 of 1929, s. 31, for clause (a).