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The Code of Civil Procedure, 1908: page 256

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 256, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    [If the defendant claims the right by prescription or otherwise to do what is complained of, he must
say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.]

    4. The plaintiff has been guilty of laches of which the following are particulars:—

             1870.      Plaintiff 's mill began to work.

             1871.      Plaintiff came into possession.

             1883. First complaint.
    5. As to the plaintiff’s claim for damages the defendant will rely on the above grounds of defence, and
says that the acts complain of have not produced any damage to the plaintiff [If other grounds are relied on,
they must be stated, e.g., limitation as to past damage.]

                                                                No. 11

                                            DEFENCE TO SUIT FOR FORECLOSURE

    1. The defendant did not execute the mortgage.

    2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is
denied).                                                                               e
                                                                               od
   3. The suit is barred by article................................................of the Second Schedule to the 1Indian
Limitation Act, 1877 (15 of 1877).                                     aC
    4. The following payment have been made, viz,:—               di
             (Insert date)—                                 In                                       Rs. 1,000

             (Insert date)—                                                                          Rs. 500

    5. The plaintiff took possession on the......................of ... ..............and has received the rents ever since.

    6. The plaintiff released the debt on the ..........................of.............................................

    7. The defendant transferred all his interest to A. B. by a document dated.

                                                            No. 12
                                             DEFENCE TO SUIT FOR REDEMPTION
    1. The plaintiff’s right to redeem is barred by article………………….…of the Second Schedule to
the 1Indian Limitation Act 1877 (15 of 1877).

    2. The plaintiff transferred all interest in the property to A. B.

    3. The defendant, by a document dated the....................day of ..............transferred all his interest in
the mortgage-debt and property comprised in the mortgage to A.B.

    4. The defendant never took possession of the mortgaged property, or received the rents thereof.

   (if the defendant admits possession for a time only, he should state the time and deny possession
beyond what he admits.)




1. See now the Limitation Act, 1963 (36 of 1963).


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