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Home Forms Name: foreclosure Page 1 of about 18 results (0.000 seconds)Foreclosure Or Sale Drafting Plaints 887
Category : Drafting Plaints
Foreclosure or sale Mr the above named plaintiff states as follows 1 The plaintiff is mortgagee of lands belonging to the defendant 2 The following are the particulars of the mortgagee a Date b Names of Mortgagor and Mortgagee c sum secured d Rate of interest e Property subject to mortgage f amount now due g if the plaintiff s title is derivative state shortly the transfers or devolution under which he claims If the plaintiff is mortgagee in possession add 3 The plaintiff took possession of the mortgaged property on the day of and is ready to account as mortgagee in possession from that time 4 Facts showing when the cause of action arose and that Court has jurisdiction 5 The value of the subject matter of the suit for the purpose of jurisdiction is ...
Decree For Foreclosure Drafting Decrees Template 814
Category : Drafting Decrees Template
Decree for Foreclosure Order XXXIV Rule 2 IN THE COURT OF SUIT NO 20 This suit coming on this day etc it is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this day of is the sum of Rs for principal the sum of Rs for interest on the said principal the sum of Rs for costs charges and expenses other than the costs of the suit properly incurred by the plaintiff in respect of the mortgage security together with interest thereon and the sum of Rs for the costs of this suit awarded to the plaintiff making in all sum of Rs 2 And it is hereby ordered and decreed as follows i that the defendant do pay into Court on or before the day of or any later upto which time for payment may be extended by the Court of the said sum of Rs ii that in such payment and on...
Appendix D Preliminary Decree For Foreclosure Or Sale
Category : Agreements Civil Procedure Code
Plaintiff 1st Mortgage Vs Defendant No 1 Mortgagor Defendant No 2 2nd Mortgagee Order XXXIV rules 2 and 4 Title 1 The suit coming on this day etc It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs For principal the sum of Rs For interest on the said principal the sum of Rs For costs charges and expenses other than the costs of the suit incurred by the plaintiff in respect of the mortgage security with interest thereon and the sum of Rs For the costs of this suit awarded to the plaintiff making in all the sum of Rs Similar declarations to be introduced with regard to the amount due to defendant No 2 in respect of his mortgage if the mortgage money due there under has become payable at the date of the suit 2 It is further declared that the plaintiff is entitled to payment of the amount due...
Appendix D Preliminary Decree For Redemption Of Prior Mortgage And Foreclosure Or Sale On Subsequent Mortgage
Category : Agreements Civil Procedure Code
Plaintiff 2nd Mortgagee vs Defendant No 1 MortgagerDefendant No 2 1st Mortgage Title 1 The suit coming on this day etc It is hereby declared that the amount due to defendant No 2 on the mortgage mentioned in the plaint calculated up to this day of is the sum of Rs for principal the sum of Rs for interest on the said principal the sum of Rs for costs charges and expenses other than the costs of the suit properly incurred by defendant No 2 in respect of the mortgage security with interest thereon and the sum of Rs for the costs of this suit awarded to defendant No 2 making in all the sum of Rs Similar declarations to be introduced with regard to the amount due from defendant No 1 to the plaint in respect of his mortgage if the mortgage money due thereunder has become payable at the date of the...
Foreclosure Or Sale
Category : Agreements Civil Procedure Code
Title A B the above named plaintiff states as follows 1 The plaintiff is mortgagee of lands belonging to the defendant 2 The following are the particulars of the mortgage a date b names of mortgagor and mortgagee c sum secured d rate of interest e property subject to mortgage f amount now due g if the plaintiff s title is derivative state shortly the transfers or devolution under which he claims If the plaintiff is mortgage in possession add 1 2 3 The plaintiff took possession of the mortgage property on the day of and is ready to account as mortgagee in possession from that time As in paras 4 and 5 of Form No 1 4 5 6 The plaintiff claims 1 payment or in default sale or foreclosure and possession Where Order 34 rule 5 applies 2 in case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty to reserved to the plaintiff to apply for a decree for the balan...
Defence To Suit For Foreclosure
Category : Agreements Civil Procedure Code
1 The defendant did not execute the mortgage 2 The mortgage was not transferred to the plaintiff if more than one transfer is alleged say which is denied 3 The suit is barred by article of the second schedule to the 2Indian Limitation Act 1877 15 of 1877 4 The following payments have been made viz Rs Insert date 1 000 Insert date 5001 2 3 4 5 The plaintiff took possession on the of and has received the rents ever since 6 That plaintiff released the debt on the of 7 The defendant transferred all his interest to A B by a document dated...
Final Decree For Foreclosure (order Xxxiv, Rule 3
Category : Agreements Civil Procedure Code
Title 1 Upon regarding the preliminary decree passed in this suit on the day of any further orders if any dated the day of and the application of the plaintiff dated the day of for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the said mortgage It is hereby ordered and decreed that the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned Words not required to be deleted and if the defendant be in possession of the said mortgage property that the defendant shall deliver to the plaintiff quiet ...
Final Decree For Foreclosure In A Redemption Suit On Default Of Payment By Mortgagor (order Xxxiv, Rule 8)
Category : Agreements Civil Procedure Code
Title 1 Upon reading the preliminary decree in this suit on the day of and further orders if any dated the day of and the application of the defendant dated the day of for a final decree and after hearing the parties and it appearing that the payment as directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned Word not required to be deleted and if the plaintiff be in possession of the said mortgaged property that the plaintiff shall deliver to the defendant quiet and peaceable possession of the said mortgaged property 2 And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this...
Final Decree In Suit For Foreclosure, Sale Or Redemption Where The Mortgagor Pays The Amount Of The Decree (order Xxxiv, Rule 3, 5 And 8)
Category : Agreements Civil Procedure Code
Title This suit coming on this day for further consideration and it appearing that on the day of the mortgagor or the same being a person entitled to redeem has paid into Court all amounts due to the mortgagee under the preliminary decree dated the day of It is hereby ordered and decreed that i the mortgagee do execute a deed of re conveyance of the property in the aforesaid preliminary decree mentioned in favour of the mortgagor Words not required to be deleted or as the case may be who has redeemed the property or an acknowledgement of the payment of the amount due in his favour ii the mortgagee do bring into Court all documents in his possession and power relating to the mortgaged property in the suit And it is hereby further ordered and decreed that upon the mortgagee executing the deed of re conveyance or acknowledgement in the manner aforesaid i the said sum of Rs Be put out of Court to the mortgagee ii the said deeds and documents brought into the Court be delive...
Preliminary Decree For Foreclosure (order Xxxiv, Rule 2) (where Accounts Are Directed To Be Taken
Category : Agreements Civil Procedure Code
Title 1 This suit coming on this day etc It is hereby ordered and decreed that it be referred to as the Commissioner to take the accounts following i an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint such interest to be computed at the rate payable on the principal or where no such rate as the Court deems reasonable ii an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the willful default of the plaintiff or such person might have been so received iii an account of all sums of money properly incurred by the plaintiff up to this date for costs charges and expenses other than the costs of the suit in respect of the mortgage security together with interest thereon such interest to be computed at the rate agreed betw...
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