Roop's Law Assist
Waitlist

Section 6

The plaintiff claims—

Back to ActAct Subordinates
6. The plaintiff claims— (1) to have a movable and immovable property of A. B. administered in this Court, and for that purpose to have all proper directions given and accounts taken; (2) such further or other relief as the nature of the case may require. No. 44 EXECUTION OF TRUSTS (Title) B., the above-named plaintiff, states as follows:— He is one of the trustees under an instrument of settlement bearing date on or about the.................day of............................. made upon the marriage of E.E. and G.H., the father and mother of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D., the defendant, and the other creditors of E.F.] . A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument. C.D. claims to be entitled to a beneficial interest under the instrument. [As in paras. 4 and 5 of Form No. 1.] 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 occurring 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 modelled mutatis mutandis on the plaint by a legatee.] No. 45 FORECLOSURE OR SALE (Title) B., the above-named plaintiff, states as follows:— The plaintiff is mortgagee of lands belonging to the defendant. 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 mortgagee in possession add). 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. 11 The plaintiff claims— payment, or in default [sale or] foreclosure [and possession]; [Where Order 34, rule 6, applies.] 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) B., the above-named plaintiff, states as follows:— The plaintiff is mortgagor of lands of which the defendant is mortgagee. The following are the particulars of the mortgage:— (a) (date); (b) (names of mortgagor and mortgagee); (c) (sum secured); (d) (rate of interest);