Foreclosure or Sale
In the Court of _______________________________
______________(add description and residence) ___________Plaintiff
versus
______________(add description and residence) ____________Defendant
_____________, the above-named plaintiff, states as follows:-
- The plaintiff is mortgagee of lands belonging to the defendant.
- 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 mortgagee in possession add).
- The plaintiff took possession of the mortgaged property on the_________day of__________-and is ready to account as mortgagee in possession from that time.
(a) Facts showing when the cause of action arose and that the Court has jurisdiction.
(b) The value of the subject-matter of the suit for the purpose of jurisdiction is ____________rupees and for the purpose of court fees is __________rupees.
The plaintiff claims-
(1) Payment, or in default [sale or] foreclosure [and possession]; [Where Order 34, rule 6, 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 be reserved to the plaintiff to apply for___________[an order for the balance.
Dated :
Plaintiff / Defendant
Through, Advocate
Verification
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
AFFIDAVIT
In the Court of _______________________________
Petitioner:____________________________
Versus
Respondent:____________________________
That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application under Order 34, rule 6 CPC for before Payment, or in default [sale or] foreclosure this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place: (Signature)
__________________
Date: Deponent
__/__/____
