Affidavit under Order XXI Rule 37 CPC for Judgment Debtor Arrest Proceedings
This page provides an updated specimen affidavit for use with an execution application seeking proceedings under Order XXI Rule 37 of the Code of Civil Procedure, 1908 (CPC) in relation to a decree for payment of money.
Legal position checked: August 2026.
When Order XXI Rule 37 CPC applies
Rule 37 operates where execution of a decree for payment of money is sought by arrest and detention in civil prison of a judgment debtor who is otherwise liable to arrest. As a general rule, the Court first issues a show-cause notice rather than an arrest warrant. The proviso permits the Court to dispense with notice where it is satisfied, by affidavit or otherwise, that the judgment debtor is likely to abscond or leave the Court's local jurisdiction with the object or effect of delaying execution.
- Section 51 CPC: detention for a money decree requires statutory satisfaction and written reasons.
- Order XXI Rule 37: ordinarily requires notice to the judgment debtor to show cause.
- Order XXI Rule 40: provides for inquiry after appearance or arrest and an opportunity to show cause.
- Section 56 CPC: prohibits arrest or detention of a woman in execution of a decree for payment of money.
- Order XXI Rule 39: requires payment into Court of the prescribed/sufficient subsistence amount before arrest.
Sample Affidavit Format
EXECUTION PETITION NO. ______ OF 20____
IN
ORIGINAL SUIT / CASE NO. ______ OF 20____
IN THE MATTER OF:
VERSUS
AFFIDAVIT
I, _______________________________, aged about ____ years, son/daughter/wife of _______________________________, residing at _______________________________, being the _______________________________ of the Decree Holder and being duly authorised and acquainted with the facts of the case, do hereby solemnly affirm and state as follows:
1. I am the Decree Holder / authorised representative of the Decree Holder in the above execution proceedings and am competent and duly authorised to swear this affidavit.
2. By judgment and decree/order dated _______________ passed in _______________________________, this Hon'ble Court / the Court of _______________________________ directed the Judgment Debtor to pay a sum of Rs. __________________ together with interest and costs, as applicable.
3. As on the date of this affidavit, a sum of approximately Rs. __________________ remains due and payable under the decree, subject to calculation by this Hon'ble Court.
4. Despite the decree and demand for payment, the Judgment Debtor has failed to satisfy the decretal amount. The facts relied upon for seeking proceedings by arrest and detention are stated below:
(a) ________________________________________________________________;
(b) ________________________________________________________________;
(c) ________________________________________________________________.
5. The Decree Holder relies upon the following facts/material, to the extent applicable, for the purposes of the proviso to Section 51 CPC: ______________________________________________________________________ ______________________________________________________________________.
6. The Judgment Debtor has / has had since the date of the decree the means to pay the decretal amount or a substantial part thereof but has refused or neglected to pay, as evidenced by: ______________________________________________________________________ ______________________________________________________________________.
7. [Use only where factually applicable.] There is material showing that, with the object or effect of obstructing or delaying execution, the Judgment Debtor is likely to abscond or leave the local limits of the jurisdiction of this Hon'ble Court, namely: ______________________________________________________________________.
8. It is therefore just and necessary that this Hon'ble Court may be pleased to issue notice to the Judgment Debtor under Order XXI Rule 37 CPC to appear and show cause why the Judgment Debtor should not be committed to civil prison and, after conducting the inquiry contemplated by law and recording the satisfaction required under Section 51 CPC, pass such further orders as this Hon'ble Court deems fit.
9. Where the requirements of the proviso to Order XXI Rule 37(1) CPC are established on the evidence placed before the Court, the Decree Holder further prays for such process as may lawfully be issued by this Hon'ble Court.
VERIFICATION
I, _______________________________, the Deponent above named, do hereby verify that the contents of paragraphs 1 to ____ are true and correct to my knowledge, paragraphs ____ to ____ are based on records/information believed by me to be true, and nothing material has been concealed therefrom.
Verified at __________________ on this ____ day of __________________, 20____.
Order XXI Rule 37 CPC - Current legal effect
In an application seeking execution of a money decree through arrest and detention, Rule 37 ordinarily requires the Court to call upon the judgment debtor to appear and show cause. If the judgment debtor does not appear in obedience to the notice, the Court may issue a warrant when the decree holder so requires. If the judgment debtor appears, or is brought before the Court after arrest, the procedure under Rule 40 requires the Court to hear the decree holder's evidence and give the judgment debtor an opportunity to show cause.
Section 51 CPC safeguard
For a decree for payment of money, civil imprisonment cannot be ordered merely because the decretal amount remains unpaid. The Court must give the judgment debtor an opportunity to show cause and must record reasons in writing satisfying the conditions stated in the proviso to Section 51 CPC, such as obstructive conduct, dishonest transfer or concealment of property, possession of means coupled with refusal or neglect to pay, or liability arising from a fiduciary obligation, as applicable to the facts.
Practical filing checklist
- Certified/plain copy of the decree and judgment/order, as required by local procedure.
- Updated calculation of decretal amount, interest and costs.
- Material supporting the statutory ground relied upon under Section 51 CPC.
- Details of known assets, income, transfers or conduct relied upon, where relevant and lawfully obtained.
- Applicable execution application, affidavit, process fee and subsistence allowance requirements under local court rules.