Gujarat High Court Civil Manual (subordinate court practice), 1960
The following are the rules, made by the High Court under section 104 of the Transfer of Property Act :— I. In these rules, unless there is something repugnant in the subject or context, "mortgagor" includes every person entitled under a decree or otherwise to redeem the mortgaged property ; and "mortgagee" includes every person entitled under a decree or otherwise to the rights of the mortgagee. II. A mortgagor making a deposit or a payment into Court under Chapter IV of the Act shall file a verified petition stating the facts of the case. III. Unless otherwise ordered, the mortgagor shall, in addition to the amount due, deposit or pay into Court a sum sufficient to provide for— (a) the mortgagee's costs of obtaining payment out of Court ; (b) the mortgagee's costs, when the payment is made under section 83 of the Act, of executing or registering (1) a re-conveyance in the case of an English mortgage, or (2) an acknowledgment of the discharge of the mortgage in other cases, and (c) the interest to which the mortgagee may be entitled under the 2nd paragraph of section 84 of the Act. IV. The Court by endorsement on the mortgagor's petition may order the deposit or payment to be received by the Nazir. Such order shall specify the several sums to be deposited or paid and the purpose for which each sum is intended. V. The mortgagor's petition shall be entered in the Register of Miscellaneous Applications requiring judicial enquiry. VI. Unless the mortgagee has already put in his appearance, the Court shall issue a notice of the deposit or payment to the mortgagee requiring him to deposit in Court on a day to be fixed by it all documents in his possession or power relating to the mortgaged property and also the mortgage-deed when such payment is made under section 83 of the Act.