Foreclosure or Sale





In the Court of ......................................



A.B. (add description and residence) ...................... Plaintiff

against



C.D. (add description and residence) .................... Defendant

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 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.

[i. Facts showing when the cause of action arose and that the Court has jurisdiction. ]

ii. 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.]

6. 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...... 1[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 Coimbatore this ______.

Plaintiff / Defendant