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The Code of Civil Procedure, 1908: page 251

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 251, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and
the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds
of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee
in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and
also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the
defendant, and all other persons who may be interested in such administration, in the presence of C.D. and
such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary.
     [N.B.—Where the suit is by a beneficiary, the plaint may be modeled mutatis mutandis on the plaint
by a legatee.]
                                                       No. 45
                                              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);                               e
             (c) (sum secured);
             (d) (rate of interest);
                                                                            od
             (e) (Property subject to mortgage);                    aC
             (f) (amount now due);                             di
             (g) (if the plaintiff's title is derivative, state shortly the transfers or devolution under
         which he claims).                               In
                                (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.
     [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 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].
                                                       No. 46
                                                     REDEMPTION
                                                       (Title)
A. B. the above-named plaintiff, states as follows:—
     1. The plaintiff is mortgagor of lands of which the defendant is mortgagee.
     2. The following are the particulars of the mortgage:—
              (a) (date);
              (b) (names of mortgagor and mortgagee);
              (c) (sum secured);
              (d) (rate of interest);



1. Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977).




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