Civil Procedure Code Foreclosure Or Sale

Foreclosure or Sale

(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)

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.]

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 balance.