IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE .ALAMPUR.

O.S.No. /2021.
Union Bank of India, [ Ears’t while Andhra Bank] a Body -------- Plaintiff.
corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at
239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021 and
one of its branch offices at Rajoli, Jogulamba Gadwal
District. by its Branch Manager.
Versus
1]. Munagara.Umadevi ------ Defendant
2]. M.Sivakumar s
PLAINT FILED ON EHALF OF THE PLAINTIFF UNDER ORDER 7 RULE 1 READ
WITH SECTION 26 OF CIVIL PROCEDURE CODE..
PLAINTIFF:- Union Bank of India, [ Ears’t while Andhra Bank] a Body
corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at 239,
Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021 and one
of its branch offices at Rajoli , Jogulamba Gadwal District,
Rep. by its Branch Manager.
The address of the Plaintiff for service of process, summons, notices etc. is as stated above
and also on his counsel
Mr B.PAKKEER REDDY.
ADVOCATE
CELL. No. 9440655718.
DEFENDANTS:- 1]. Managara Umadevi, W/o. M.Sivakumar, aged about 44 years,
Hindu, House wife,
2]. M.Sivakumar, S/o. M.Sundara Rao, aged about 46 years, Hindu,
Both are residents of H.No. 51-991-A, S.B.I.Colony, Near Water
Works , Seetharam Nagar, Kurnool-2.
Now they are residing at Flat. No.11, RichMand, Homes, Near
H.P.School, Hosanna Mandir Road, Kodumur Road, Kurnool City.
The address of the defendant for service of summons, process, notices etc. is as stated
above.
*   *   *

        The plaintiff bank submits as follows.

1] The Plaintiff Bank is a banking company undertaking in Schedule I of the
Banking Companies Act, 1970, having its Head Office at 239, Vidhan Bhavan Marg,
Nariman Point, Mumbai- 400021 and one of its branch offices in Rajoli Branch,
Jogulamba Gadwal District.It is a Nationalized Bank and is represented by its
Branch Manager duly authorized to represent, appear, plead and act on its behalf.
 2]. The 1st defendant created equitable Mortgage by deposit of her schedule
property for the suit claim mount in respects of her immovable property and the
details of which are as follows.
Details of Mortgage
1]. Name of the Mortgager -- 1]. Munagara Umadevi, W/o. M.Sivakumar, aged
- about 44 years, Hindu, House wife,
2]. M.Sivakumar, S/o. M.Sundara Rao, aged
about 46 years, Hindu, Both are residents of
H.No. 51-991-A, S.B.I.Colony, Near Water
Works , Seetharam Nagar, Kurnool -2, Resident
of Flat. No.11, RichMand, Homes, Near
H.P.School, Hosanna Mandir Road, Kodumur
Road, Kurnool City.
Title Deed No. … Regd.Partition deed dated 4856/2013
executed in between in the 1 st defendant and
her sister Ramadevi.
2]. Name of the Mortgagee … Plaintiff Bank
3] Date of Mortgage … 22-12-2017
4] Property Mortgaged … Plaint Schedule.
5]. Loan amount due … [ ABPTL Loan + HLAPGN Loan ] i.e. Rs.

7,66,018.12+ 4,02,724-00/- in Total

Rs.11,68,742-33

3].The defendants No.1 and 2 are wife and husband. The first defendant is borrower
and the 2nd defendant is guarantor.
4]. That on 08-05-2017 the 1st defendant approached the Manager of plaintiff Bank,
for sanction of loan amount of Rs.10,00,000/-[ Rupees ten lakhs only] under
ABPTL Scheme to Purchase the house site After explaining the terms and
conditions of the bank and the rate of interest @ 10.15% per annum, the plaintiff
bank sanctioned the loan of Rs.10,00,000/-[ Rupees TEN Lakhs only] vide account
No. A/C.No. 093030100065280 on -08-05-2017 by creating equitable Mortgage
shown in schedule property as security and discharge of the loan along with 2 nd
defendant who signed co-Obligant . The defendant No.1 has agreed to repay the
said loan amount in 120 equal installments at Rs. 13,803/- per month. The defendant
No.1 has executed Term loan agreement for small loan on 08-05-2017 and defendant
No. 1 have executed the Demand Promissory note and D.P.Note Delivery letter, the
defendant No.2 stood as Guarantor for the defendant No.1’s loan by way of deposit
of her title deeds and executed the memorandum of deposit of title deed MOD
Registration No. 1052/2017 dated 27-03-2017 before the SRO Alampur infavour of
the plaintiff Bank,.
5]. Again the 1st defendant approached the plaintiff bank on 24-12-2017 and the
plaintiff bank sanctioned HLPGN loan amount of Rs. 5,00,000/- on condition to
repay the same with interest at the rate of Rs.8.40 p.a in 60 equal monthly
installments at the rate of Rs. After explaining the terms and conditions of the
plaintiff Bank the 1st defendant, 2nd defendant are also agreed to repay the same per
conditions of the plaintiff bank on Mortgaging her suit schedule house .
6]. The 1st Defendant has offered her schedule property as security for discharge
of the loan along with 2nd Defendant who stood as co- obligatnt. In that regard,
both the Defendants have executed necessary documents i.e D.P.Note and Term
Loan agreement etc. acknowledging their liability to the Plaintiff Bank on 08-05-2017
and 24-12-2017.
7].   After availing the loan facilities that the defendants inspite of repeated
demands and notice the defendants failed to repay the loan amounts. On
investigation by the plaintiff Bank Vigilance it, came to light that the defendants 1
and 2 which is offered as security with intentions to defeat and defraud the plaintiff
bank. When the plaintiff bank approached, the defendants dis not properly respond.
The plaintiff bank got issued legal notices to both the defendants. But the defendant
failed to repay the same. The defendants are jointly and severally liable to discharge
the suit debt. Hence this suit.

8].  Cause of action.:
The cause of action for the suit arose on 08-05-2017 when D1 borrowed
Rs.10,00,000/- from the plaintiff bank at Rajoli Branch, Rajoli mandal, under ABPTL
Scheme and again on 22-12-2017 the 1st defendant
borrowed Rs.5,00,000/- under
HLPGN Scheme from the same bank and executed loan agreement as borrower
and infavour of the bank, and also on when the plaintiff bank issued legal notice ,
and the subsequent dates of demand by the Bank and refusal by the defendants at
Rajoli, within the Jurisdiction of this Hon’ble Court,
As the above cause of action for the suit arose at where the suit transaction took
place, where the plaintiff bank is situated at Rajoli Village and Mandal, and where
Mortgage was created at S.R.O Alampur infavour of the plaintiff Bank, within the
Jurisdiction of this Hon’ble Court, and this Hon’ble court has got Jurisdiction to
entertain the suit.
9].PARTICULARS OF VALUATION.
A]. Principal Amount due of ABPTL . A/C.No. Rs. 7,64,446.66
09300100065280 on 16-04-2021
B]. Interest on Rs.7,64,446 at 10.15% from 16-04-2021 to 29- Rs. 1,551.82
04-2021
C] Total Suit amount Rs. 7,66,018.12
Over which a court fee of Rs.10,326/- Is paid thereon.
A]. Principal Amount due of HLPGN . A/C.No. Rs.4,01,040-00
09030100076879 on 30-01-2021
B] Interest on Rs.4,01,040/- at 8.40% from 30-01-2021 to 29- Rs. 1,684-00
04-2021
C] Total Suit amount Rs.4,02,724-00
Over which a court fee of Rs.6,526/- is paid thereon.
[ ABPTL Loan + HLAPGN Loan ] i.e. Rs. 7,66,018.12+ 4,02,724-00/- in

Total Rs.11,68,742-33

10] Court Fees:-

For the purpose of court fee and jurisdiction, the suit is valued at Rs. 7,66,018.12+
4,02,724-00/- in Total Rs.11,68,742-33 and a court fee of Rs.10,326/- + Rs.6,526/- in
Total Rs.16,852/-is paid thereon under section read with sec.31(1) R/W Art (B)&(C) of
schedule 1 of A.P C.F and S.V.Act 1956 and court fee of Rs.16,852/-/ is deposited in to
the account of Junior Civil Judge, Alampur, at State Bank Of Hyderabad Vide Receipt
No. dated.
11]. The suit of the plaintiff bank is well within in limitation.
12].  Relief:—
The plaintiff bank therefore prays that the Hon’ble court may be pleased to pass
decree infavour of the plaintiff bank and against the defendants.
(a)  Directing the defendants to pay the suit claim amount  of Rs. Rs.11,68,742-33
with future interest thereon;
(b)  grant a preliminary decree directing the defendants to repay suit amount future
interest and suit costs in the court within the time granted by the Hon’ble court.
Failing which , to pass a final decree for sale of the plaint schedule property for
realization of the decretal amount ;
(c)   in case the sale proceeds are insufficient to pay the decretal amount, then the
plaintiff Ban is at liberty to reserve a right to apply for order for the balance
amount :
(d)   and also for a decree for suit amount , future interest and costs against the
defendants personally:
To grant such other reliefs as the Hon’ble court may deem fit and proper in the
circumstances of the case in the interests of Justice. .

COUNSEL FOR PLAINTIFF. PLAINTIFF .

VERIFICATION
I, the above named Manager of the plaintiff bank do hereby declare that what all
stated in the above paras is true and correct to the best of my knowledge and belief and I
have signed herein at ALAMPUR on this the day of July,2021.

PLAINTIFF

Schedule
Residential house bearing H.No. 4—6/1 admeasring 151.44 Sq. Yards
equal to 126.62 Sq. Meters situated at Ramnagar, Thurpukaman,
S.D.Road, Mahaboob Nagar Municipal Corporation, Mahaboob Nagar
Sub Registration and registration district Mahaboob Nagar bounded as
follows.
East:- House of Abdul Khader
West:- H.No.4-3-7 of Sadanna Parameshwar
North:- Property fell to the share of Ist party Rama Devi
South:- House of Chandra Sekhar Settee. ,

Verification of Schedule

     I, the plaintiff do hereby declare that the schedules shown above  is true to
the best of my knowledge and belief and the records available our bank records I
sign this verification on

PLAINTIFF .
List of documents:-
S.No. Date Of Parties to Description of Documents Remarks
Document documents
1]. 08-05-2017 Plaintiffs & Application form for personal loan by 1st Original
defendants defendant[ Consent letter of Guaratnees]
2]. 08-05-2017 Plaintiff Sanction order by plaintiff Bank Original
3]. 08-05-2017 Plaintiff and Letter of consent by the D1 &D2 Original.
defendants
4]. 08-05-2017 Plaintiff and D.P.Note executed by defendants Original
defendants `
5]. 08-05-2017 Plaintiff and Consent letter from D1 for disclosure of Original
defendant Information to CIBIL
6]. 08-05-2017 Plaintiff and Property statement Original
defendant
No.1
7]. 08-05-2017 Plaintiff and Consent letter from D2 [Guarantor] for Original
Guarantor disclosure of Information to CIBIL
8]. 08-05-2017 Plaintiff and Property statement Original
defendant
No.1
9]. 08-05-2017 Plaintiff and Bank rights to cannel limits Original
defendants
10]. 08-05-2017 Plaintiff and Composite loan agreement Original
defendants
11]. 27-03-2017 Plaintiff and Registered Memorandum of deposit of Original
defendants Title Deed by 1st defendant [ E.M. recital
extract and creations of E.M.] with baring
Doc. No. 1052/2017.
12] 22-12-2017 Plaintiffs & Application form for personal loan by 1st Original
defendants defendant[ Consent letter of Guaratnees]
13] 22-12-2017 Plaintiff Sanction order by plaintiff Bank Original
14] 22-12-2017 Plaintiff and Letter of consent by the D1 &D2 Original.
defendants
15] 22-12-2017 Plaintiff and D.P.Note executed by defendants Original
defendants `
16] 22-12-2017 Plaintiff and Consent letter from D1 for disclosure of Original
defendant Information to CIBIL
17] Plaintiff and Property statement Original
defendant
No.1
18] 22-12-2017 Plaintiff and Consent letter from D2 [Guarantor] for Original
Guarantor disclosure of Information to CIBIL
19]. Plaintiff and Property statement Original
defendant
No.1
20] 22-12-2017 Plaintiff and Bank rights to cannel limits Original
defendants
21] 22-12-2017 Plaintiff and Composite loan agreement Original
defendants
22] 11-12-2017 Plaintiff and Extension of Memorandum of deposit of Original.
defendants title deed bearing Doc. 14301/2017
23]. 22-06-2021 Plaintiff Ledger extract of ABPTL Copy
24]. 23-06-2021 Plaintiff Ledger extract HLAPGN Loan Copy.
25]. 23-06-2021 Plaintiff Bank authorization letter Copy

ADVOCATE FOR THE PLAINTIFF.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE

.ALAMPUR.
O.S.No. /2021.
Union Bank of India, [ Ears’t while Andhra Bank] a Body -------- Plaintiff.
corporate constituted under Banking Companies
(Acquisition & Transfer of Undertakings) Act, 1970 having
its Head Office at 239, Vidhan Bhavan Marg, Nariman
Point, Mumbai- 400021 and one of its branch offices at
Rajoli, Jogulamba Gadwal District. by its Branch
Manager.
Versus
1]. Munagara.Umadevi ------ Defendants
2]. M.Sivakumar
STATEMENT OF REGISTERED ADDRESESS OF THE PARTIES FILED ON
BEHALF OF THE PLAINTIFF UNDER ORDER 6 RULE 14[A] OF CIVIL
PROCEDURE CODE
1].PLAINTIFF:- Union Bank of India, [ Ears’t while Andhra Bank] a Body
corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at
239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021
 and one of its branch offices at Rajoli, Jogulamba Gadwal
District. by its Branch Manager.
The address of the plaintiff for service of all notices and process is that of his
counsel:
B.PAKKIR REDDY
ADVOCATE
ALAMPUR
2].DEFENDANTS: 1]. Managara Umadevi, W/o. M.Sivakumar, aged about 44
years, Hindu, House wife,
2]. M.Sivakumar, S/o. M.Sundara Rao, aged about 46 years,
Hindu, Both are residents of H.No. 51-991-A, S.B.I.Colony,
Near Water Works , Seetharam Nagar, ALAMPUR .
[The description and addresses of the defendants are as stated
above].
It is submitted that the above mentioned addresses of the plaintiff and defendants are true
and correct.

ADVOCATE FOR PLAINTIFF. PLAINTIFF.

VERIFICATION.
I, the above named plaintiff do hereby verify and declare that what is stated in the statement
of addresses above are true to the best of my knowledge , belief and information and I signed
herein at Alampur on

PLAINTIFF.
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE .ALAMPUR.
O.S.No. /2021.
Union Bank of India, [ Ears’t while Andhra Bank] a Body -------- Plaintiff.
corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at
239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021
and one of its branch offices at Rajoli, Jogulamba Gadwal
District. by its Branch Manager.
Versus
1]. Munagara.Umadevi ------ Defendants
2]. M.Sivakumar
VERIFICATION AFFIDAVIT OF THE PLAINTIFF IN SUPPORT OF PLEADINGS
U/S 26 [2] R/W 0.6.R.15.(4) OF C.P.C.
I,Chimakurthi Srinivasa Rao, S/o. CH.Narasimha Rao, aged about 56 years, Hindu,
working as Senior Branch Manager, Rajoli Branch[ E.ANDHRA BANK] , Jogulamba
Gadwal District, do hereby solemnly affirms and states as follows;
1]. I state that I am working as manager of the plaintiff bank and I am acquainted with the
facts of the case. I am giving this affidavit basing on the records available with the bank.
2]. I State that the contents of plaint filed along with this proof affidavit may be read as part
and parcel of this affidavit.
3]. I state that the defendant No.1 has borrowed a sum of Rs.10,00,000/- from the plaintiff
bank under ABPTL Loan Scheme to the property loan on 08-05-2017 by executing a loan
agreement in favour of the plaintiff bank as she was borrower and the defendant No. 2 as
Guarantor . The defendant No.1 hypothecated her property and D2 is as guarantor created
security by way of deposit of title deeds, and agreed repay the same in 120 monthly
installments.
4]. Again the defendant No.1 has borrowed a sum of Rs.10,00,000/- from the plaintiff bank
under HLAPGN Loan Scheme to the property loan on 22-12-2017 by executing a loan
agreement in favour of the plaintiff bank as she was borrower and the defendant No. 2 as
Guarantor . The defendant No.1 hypothecated her property and D2 is as guarantor created
security by way of deposit of title deeds, and agreed repay the same in 60 monthly
installments.
They failed to pay the suit amount. Hence the suit. The contents of the main plaint may be
read as part and parcel of this affidavit.
4]. I state and declare that what is stated in the above paragraphs and other pleading of the
plaint is correct to the best of my knowledge and information and nothing has been
concealed.
I pray the Hon’ble court may be pleased to pass a decree infavour of the plaintiff
bank and against the defendants for the suit amount, with future interest at contract rate, suit
costs, in the interest of Justice.

DEPONENT
Solemnly affirm and signed herein
at ALAMPUR on this 05-07-2021.… Before me.

ADVOCATE,ALAMPUR.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE .ALAMPUR.

O.S.No. /2021.
Union Bank of India, [ Ears’t while Andhra Bank] a Body -------- Plaintiff.
corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at
239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021
and one of its branch offices at Rajoli, Jogulamba Gadwal
District. by its Branch Manager.
Versus
1]. Munagara.Umadevi ------ Defendants
2]. M.Sivakumar
LIST OF DOCUMENTS FILED UNDER ORDER VII, RULES 14(1) OF C.P.C.
S.No. Date Of Parties to Description of Documents Remarks
Document documents
1]. 08-05-2017 Plaintiffs & Application form for personal loan by 1st Original
defendants defendant[ Consent letter of Guaratnees]
2]. 08-05-2017 Plaintiff Sanction order by plaintiff Bank Original
3]. 08-05-2017 Plaintiff and Letter of consent by the D1 &D2 Original.
defendants
4]. 08-05-2017 Plaintiff and D.P.Note executed by defendants Original
defendants `
5]. 08-05-2017 Plaintiff and Consent letter from D1 for disclosure of Original
defendant Information to CIBIL
6]. 08-05-2017 Plaintiff and Property statement Original
 defendant
No.1
7]. 08-05-2017 Plaintiff and Consent letter from D2 [Guarantor] for Original
Guarantor disclosure of Information to CIBIL
8]. 08-05-2017 Plaintiff and Property statement Original
defendant
No.1
9]. 08-05-2017 Plaintiff and Bank rights to cannel limits Original
defendants
10]. 08-05-2017 Plaintiff and Composite loan agreement Original
defendants
11]. 27-03-2017 Plaintiff and Registered Memorandum of deposit of Original
defendants Title Deed by 1st defendant [ E.M. recital
extract and creations of E.M.] with baring
Doc. No. 1052/2017.
12] 22-12-2017 Plaintiffs & Application form for personal loan by 1st Original
defendants defendant[ Consent letter of Guaratnees]
13] 22-12-2017 Plaintiff Sanction order by plaintiff Bank Original
14] 22-12-2017 Plaintiff and Letter of consent by the D1 &D2 Original.
defendants
15] 22-12-2017 Plaintiff and D.P.Note executed by defendants Original
defendants `
16] 22-12-2017 Plaintiff and Consent letter from D1 for disclosure of Original
defendant Information to CIBIL
17] Plaintiff and Property statement Original
defendant
No.1
18] 22-12-2017 Plaintiff and Consent letter from D2 [Guarantor] for Original
Guarantor disclosure of Information to CIBIL
19]. Plaintiff and Property statement Original
defendant
No.1
20] 22-12-2017 Plaintiff and Bank rights to cannel limits Original
defendants
21] 22-12-2017 Plaintiff and Composite loan agreement Original
defendants
22] 11-12-2017 Plaintiff and Extension of Memorandum of deposit of Original.
defendants title deed bearing Doc. 14301/2017
23]. 22-06-2021 Plaintiff Ledger extract of ABPTL Copy
24]. 23-06-2021 Plaintiff Ledger extract HLAPGN Loan Copy.
25]. 23-06-2021 Plaintiff Bank authorization letter Copy

ADVOCATE FOR PLAINTIFF.

 IN THE COURT OF THE PRINCIPAL
JUNIOR CIVIL JUDGE .ALAMPUR.
O.S.No. /2021.

PLAINT FILED ON BEHALF OF THE

PLAINTIFF UNDER ORDER 7 RULE
1 OF CIVIL PROCEDUE CODE.
 ADDRESS FOR SERVICE:-
B.PAKKEER REDDY
ADVOCATE
KURNOOL.
CELL.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE .ALAMPUR.

O.S.No. /2021.
Union Bank of India, [ Ears’t while Andhra Bank] a Body -------- Plaintiff.
corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at
239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021 and
one of its branch offices at Rajoli, Jogulamba Gadwal
District. by its Branch Manager.
Versus
1]. Munagara.Umadevi ------ Defendant
2]. M.Sivakumar s
VAKALATHNAMA FILED ON BEHALF OF THE
COMPLAINANT.
G.RAJESWARA RAO
ADVOCATE
KURNOOL.

I/We____________________________________________________________________

do here by appoint and return in the above named advocates as our counsel in the

above m atter to appear for us in the above case and to conduct the same and all
proceedings upon any decree or order that may be passed therein and draw on our

behalf. We further empower the above advocate to appear in the above proceedings

till the final termination thereto and to receive notices on our behalf from the

appellant court. Court of Revision and Reference to the matter our counsel is at

liberty to entrust this case to any other counsel and is not bound to appear if the full

fee is not paid before the trail or hearing of the case.

Certificate that the contents of this Vakalath were read over to the executants
perfectly to understand the same and signed his name in my presence.
Executed before me this 10th day of Oct 2017. at Kurnool.

ADVOCATE.
IN THE COURT OF JUDICIAL
MAGISTRATE OF FIRST
CLASS ATKURNOOL.
C.C.No.             of 2017
Between:
G.Venkateswarulu ---- COMPLAINANT
AND
A.Shukur Miah ---- ACCUSED

VAKALATHNAMA FILED ON
BEHALF OF THE
COMPLAINANT.

APPEARING FOR :
COMPLAINANT.
 ADDRESS FOR SERVICE:
This is a suit filed by the plaintiff State Bank of India Act,1955 having its Central office at

Mumbai ,a local Head Office at Guwahati, a Branch Office amongst other places of India at

Sivasagar, known as ONGC colony Branch of the State Bank of India duly represented by its

Chief Manager, who is also the principal Officer of the bank for recovery of an amount of

Rs. 2,76,045.22 (Rupees Two Lakh Seventy Six Thousand Forty Five and Twenty Two

paise) only from the defendant. The case of the plaintiff is that one Mrs. Boby Borah applied

for Housing loan vide loan application dated 09.11.2005. The plaintiff bank after due

enquiry and on being satisfied with the formalities sanctioned loan amounting to Rs.

2,79,889.00 (Rupees Two Lakh Seventy Nine Thousand Eight Hudred Eighty Nine) to Mrs.

Boby Borah . In due compliance with the formalities as required Mrs. Boby Borah executed

and signed Term loan agreement for a sum of Rs. 2,79,889.00 (Rupees Two Lakh Seventy

Nine Thousand Eight Hundred Eighty Nine) on 09.01.2006. The defendant also deposited

with the bank the title deeds and other collateral documents viz. Sale deed, jamabandi land

revenue payment receipts, NOC, Trace map etc. of the landed property measuring obigha 01

katha 10 locha covered by Dag no. 48(old) 780 (new) P.P. no. 118(old) 172(new) situated at

Molthadang (Decial) Gaon, Meteka Bongaon Mouza, Dist Sivasagar. The siad property was

mortgaged to secure the loan taken by the defendant. The plaintiff bank opened a term loan

account bearing account no. 10637353255 in the name of Mrs. Boby Borah and transferred
the said amount to Mrs. Boby Borah and accordingly the loanee availed the loan. After

availing the aforesaid loan Mrs. Boby Borah failed to pay the installments of the loan. The

plaintiff bank repeatedly demanded and asked the defendant to clear the dues. The defendant

did not take any positive steps. Due to non payment of the stipulated rate of installment, the

loan amount with accumulation of interest at the contractual rate has come to the rest at Rs.

2,79,889.00 (Rupees Two Lakh Seventy Nine Thousand Eight Hundred Eighty Nine) only

on 31.03.2011. Therefore the plaintiff has filed the instant suit for recovery of the loan

amount along with interest from the defendant

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE ALAMPUR

O.S.No. /2008.

Between:

A B (Furnish only name)                                                        …Plaintiff

And:

DE (Furnish name only)                                                     …Defendant

PLAINT FILED ON EHALF OF THE PLAINTIFF UNDER ORDER 7 RULE 1

READ WITH SECTION 26 OF CIVIL PROCEDURE CODE.

Plaintiff:—

AB (Furnish full particulars)

The address of the Plaintiff for service of process, summons, notices etc. is as stated

above and also on his counsel Mr.…………………………………, Advocate,

………………………………

Defendant:—

DE (Furnish full particulars)

The address of the defendant for service of summons, process, notices etc. is as stated

above.

*   *   *
        1.   The defendant borrowed a sum of Rs 50,000/-[ Rupees fifty thousand only] from the

plaintiff on 10-12-06 [ ten december two thousand six]and executed a Registered

Simple Mortgage Deed mortgaging the  schedule mentioned property undertaking to

personally repay the mortgage-money with interest at 24% p.a. on or before 09-12-

09.

         2.  The defendant failed to get the mortgaged property redeemed though time for

redemption as agreed in the mortgage-deed lapsed. Hence the plaintiff issued legal

notice on 13-12-08 to the defendant to redeem the property by making payment of

mortgage-money.

         3.  Details of mortgage.—

            (a)   Name of the Mortgagor               :  Defendant

            (b)   Name of the Mortgagee              :  Plaintiff

            (c)   Amount borrowed                       :  Rs.……………

            (d)   Date of mortgage                       :  ……………….

             (e)  Interest agreed                           : ……..…% p.a.

             (f)   Date stipulated in document,

                   if any                                         :………………….

         4.  The value of the suit for purposes of Court Fee and jurisdiction is at Rs.

…………………… and a Court Fee of Rs.……………… is paid under Sec.………

of………………Court Fee Act.

Particulars of valuation

Value of suit for purposes of Court Fee

and jurisdiction                                                    : Rs.

Interest at……… % p.a. on Rs.………………

from……….… (date of mortgage) to…………

(date of suit)                                                       : Rs.

                                                                                   –––––––––––
Total claim                                                         : Rs.

                                                                          –––––––––––

CF paid under Sec.………of………… CF Act       : Rs.

         5.  The cause of action for the suit arose on……………………………… the date of

transaction, namely, the borrowal date and execution of Regd. Simple Mortgage

Deed; on……………………… the date stipulated in the document for repayment of

mortgage- money; on………………… various dates of demand; and

on…………………… when the Plaintiff issued legal notice to the Defendant and

on………………… the date of reply of defendant and continues de-die-in-diem

at………………… where the transaction took place and the property is situated

within the jurisdiction of this Court.

         6.  The Plaintiff therefore prays that the Hon’ble Court may be pleased to pass a

judgment and decree—

             (a)  Directing the defendant to pay the suit claim amount with agreed rate of interest

and in default of which order the  sale of the mortgaged property ;

             (b)  directing the defendant to proof costs of the suit, and

             (c)  pass such other relief or reliefs.

Counsel for Plaintiff                                                                        Plaintiff.

I, the  Plaintiff  do hereby declare that the facts and particulars detailed above are all true

and correct to the best of my knowledge and belief and I sign this verification on this

the…………… day of…………… 20……… at…………

Plaintiff.

Schedule

……………………District, …………………Mandal, ………………Village,

……………………Street/Revenue Accounts, House No.………………/Agricultural land

T.S.Nos.…………………………, Extent:…………………, …………………Storied

building/Dry/Wet situated within the following boundaries:—

Counsel for plaintiff                                                                         Plaintiff.

Verification

     I, the plaintiff do hereby declare that the schedule shown above  is true to the best of

my knowledge and belief and I sign this verification on this the………day of at………… 

Plaintiff.

List of Documents

Sl. No.            Date of document                             Nature of document

       1.                                                       Regd. Simple Mortgage Deed executed by

Defendant in favour of Plaintiff

       2.                                                       Office copy of legal notice

       3.                                                       Reply notice

Place :

Date  :                                                                        Counsel for Plaintiff.

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