Foreclosure Or Sale Drafting Plaints 887 - Legal Draft
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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).
(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 ............ rupees and for the purpose of court fee is ........ rupees.
6. The plaintiff claims -
(1) payment, or in default [sale or] foreclosure [and possession];
[Where Order XXXIV, Rule 6, applies]
(2) in case the process of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty be reserved to the plaintiff to apply for .............. [an order for the balance].