Code of Civil Procedure 1908 (hereafter ‘CPC’) provides procedure for filing suits of a civil nature, for the establishment of Civil Courts, defines the rights of the litigants and provides remedies of appeal, review, revision and reference, etc. The Transfer of Property Act 1882 (hereafter ‘T.P. Act’) provides provisions for transfer of properties by mortgage, lease, etc. This paper aims to construe the provisions for recovery of the excess amount of sale of the mortgaged property in a transaction of sale in a suit for foreclosure of mortgage. The paper is doctrinal and aims to protect the rights of the judgment debtor.