623. Order for sale in favour of legal mortgagee.

The court has jurisdiction1 to make an order for sale in favour of a legal mortgagee, the effect of which is to render the sale unimpeachable2. Such an order will be made only in exceptional circumstances and the mortgagee must make out a proper case that the proposed sale is necessary and that the court must exercise its discretion rather than leave it to the mortgagee to exercise his own power of sale; and the mortgagee must adduce sufficient evidence to enable the court to exercise its jurisdiction

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