SUIT ON A SIMPLE MORTGAGE FOR SALE
BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT…………………………..
ORIGINAL SUIT NO.................. OF 20......
Mr.
….PLAINTIFF
VERSUS
Mr.
…..DEFENDANT
Description of the Plaintiff :
Plaintiff:- ABC, S/o .............. , aged about ........ years, house wife, resident of.............
Address for service of Plaintiff
Description of the Defendant :
Defendant: XYZ, S/o....... , aged about ............... years, resident of.....................
Address for service is same as above.
PLAINT UNDER ORDER VII, RULE 1 AND ORDER 34, RULE 4 С.Р.С.
The above named plaintiff states as follows:
1. .............................
2. .............................
3. The defendant who is the Manager of a joint Hindu family borrowed, as such manager, from the plaintiff a sum of Rs............................... (Rupees .................. only) and executed a simple mortgage on................................ in respect of his joint family property more fully described in the schedule hereunder as security for the due repayment of the said sum of Rs...................... agreeing to pay interest thereon at .................% per annum. The mortgage was registered on.................
4. The following are the particulars of the mortgage:
(a) Date of mortgage
(b) (i) Name of the Mortgagor
(ii) Name of the Mortgagee
(c) Sum secured
(d) Rate of interest
(e) Property subject to mortgage
(f) Amount now due
5. The defendant has agreed to pay up the mortgage money which includes the principal amount and the interest accrued within three years from the date of mortgage.
6. The defendant has not made any payment towards the amount due under the mortgage in spite of repeated demands. A lawyer's notice dated.................... was also sent to him demanding payment. Though he has received the said notice, he has neither sent a reply thereto nor has he paid up the amount due under the mortgage. Hence the suit for sale.
7. The cause of action for the suit arose at.................... within the jurisdiction of his Hon'ble Court on ................... when the defendant executed the suit mortgage in favour of the plaintiff on receiving the consideration of Rs.......; on........ when the mortgage was registered; on various occasions when oral demands were made on the defendant to pay; on ........................ when the Lawyer's notice was sent demanding payment and subsequently on failure of the defendant to comply with the demand of the plaintiff.
8. The plaintiff values the suit for the purpose of court fee and jurisdiction at Rs................... and pays a court fee of Rs.................. u/s of the ..................... Court Fees and Suits Valuation Act.
9. The plaintiff therefore prays for a decree and judgment:
(a) directing the defendant to pay the plaintiff the sum of Rs................. with interest on the principal sum of Rs....... at ..........% per annum from the date of plaint till date of payment;
(b) in default of payment on or before a date to be fixed by this Hon'ble Court to apply for a final decree directing the sale of the mortgaged property described in the schedule hereunder and the application of the proceeds in payment of the decree amount;
(c) passing a personal decree against the defendant for the balance in case the sale proceeds are found insufficient to discharge the decree amount;
(d) for costs of the suit; and
(e) for such further or other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
Verification
Dated at................... this day .................. of 20....
Plaintiff
Counsel for Plaintiff
List of Documents :
Verification
Dated at................... this day .................. of 20....
Plaintiff
Counsel for Plaintiff
Schedule of Property:
Verification
Dated at................... this day .................. of 20....
Plaintiff
Counsel for Plaintiff