SUIT ON A MORTGAGE BY CONDITIONAL SALE FOR FORECLOSURE
BEFORE THE ……………………………. JUDGE AT…………………………..
ORIGINAL SUIT NO.................. OF 20......
Mr.
….PLAINTIFF
VERSUS
Mr.
…..DEFENDANT
Description of the Plaintiff:
Plaintiff: ABC, S/o .............. , aged about ........ years, housewife, resident of.............
Address for service of Plaintiff: (Full address to be provided)
Description of the Defendant:
Defendant: XYZ, S/o....... , aged about ............... years, resident of.....................
Address for service of Defendant: (Full address to be provided)
PLAINT UNDER ORDER VII, RULE 1 AND ORDER 34, RULE 2 CPC
The above-named plaintiff states as follows:
- That the defendant, by a registered mortgage by way of conditional sale dated……………. ostensibly sold to the plaintiff the property described in the schedule hereunder for a consideration of Rs...…….. (Rupees……........ only) received by him.
- That the defendant agreed to repay the principal sum of Rs...…………. along with interest thereon at ………........% per annum by ………......… . Upon such repayment, the sale of the said property would become void. However, in case of default in payment of the principal sum along with interest, the sale would become absolute.
The particulars of the mortgage are as follows:
(a) Date of mortgage: ..............
(b) (i) Name of the Mortgagor: ..............
(ii) Name of the Mortgagee: ..............
(c) Sum secured: Rs. ..............
(d) Rate of interest: ..............% per annum
(e) Property subject to mortgage: (Full description of property)
(f) Amount now due: Rs. ..............
3. That although the mortgage money became due long ago, the defendant has failed and neglected to make the payment. Consequently, the plaintiff issued a legal notice through his advocate on ……………….. demanding payment of the amount due under the mortgage. Despite receiving the said notice, the defendant neither responded nor paid the due amount. Hence, this suit for foreclosure.
4. The cause of action for the suit arose at ………………... within the jurisdiction of this Hon'ble Court on ………………... when the defendant executed the suit mortgage in favor of the plaintiff upon receiving the consideration of Rs. …………………. and on various subsequent occasions when oral demands for payment were made. The cause of action further arose on ………...... when the legal notice was sent demanding payment and continues to subsist.
6. The plaintiff values the suit for the purposes of court fee and jurisdiction at Rs............ and pays a court fee of Rs........ under Section......... of the ………………… Valuation Act.
PRAYER
In light of the above, the plaintiff humbly prays for a decree and judgment:
(a) Directing the defendant to pay the plaintiff a sum of Rs....…………. along with interest on the principal sum of Rs...……………. at ……….............% per annum from the date of filing of this plaint until the date of actual payment;
(b) In default of such payment on or before a date to be fixed by this Hon'ble Court, entitling the plaintiff to apply for a final decree debarring the defendant from all rights to redeem the mortgaged property described in the schedule hereunder;
(c) Awarding costs of the suit to the plaintiff;
(d) Granting such further or other reliefs as this Hon'ble Court may deem fit and proper under the circumstances of the case.
Dated at …………………. this ………………… day of…………………. 20....
Plaintiff
Counsel for Plaintiff
Verification
Plaintiff
Counsel for Plaintiff
List of Documents
1.
2.
3.
Verification
Plaintiff
Counsel for Plaintiff
Schedule of Property
Verification
Plaintiff
Counsel for Plaintiff