DEFENCE TO SUIT REDEMPTION
In the Civil Court, (city) of_______________________
______________ (add description and residence) _______________ Plaintiff
_____________ (add description and residence) _________________Defendant
- The plaintiffs right to redeem is barred by article _____ of the second schedule to the [Indian Limitation Act, 1877 (15 of 1877).]
- The plaintiff transferred all interest in the property to A.B.
- The defendant, by a document dated on _____ day of______ transferred all his interest in the mortgage, debt, and property comprised in the mortgage to A.B.
- The defendant never took possession of the mortgaged property, or received the rents thereof.
(If the defendant admits possession/or a time only, he should state the time and deny possession beyond what he admits.)
- The suit shall be tried in this court as defendant residence falls within the jurisdiction of court.
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 ______.
In the Court of _______________________________
That I am the defendant 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 before 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.