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Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 of Code of Civil Procedure.

Format of affidavit to Application to use Discretionary power of Court to arrest Judgment Debtor  and detain in prison under Order XXI Rule 37.

As per Order XXI Rule 37 where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison.

Sample Format of Affidavit for Application under Order XXI Rule 37 CPC is as under. 

 

IN THE COURT OF _________________

EXECUTION PETITION NO ____ OF 20__

IN

ORIGINAL SUIT NO____ OF 20___


IN THE MATTER OF:
MR. ____________                                       DECREE HOLDER

VERSUS

MR._____________                                      JUDGMENT DEBTOR

AFFIDAVIT

I_______________ , aged _____ years, S/o  _____________________, General Manager Accounts of __________________ Ltd., do hereby solemnly affirm and state as follows:-

1. That I say, that I am the General Manager Accounts of the plaintiff Company and I am well conversant with the facts and circumstances of the case. I am duly authorised to swear to this affidavit on behalf of the plaintiff company.

2. That I say, that the plaintiff company had obtained a decree against the judgment-debtor for the realization of an amount of Rs ______ with interest and costs. The judgment debtor is known to have landed properties and adequate liquid cash to pay off the decree debt in lump sum. He sold the attached property for substantial price. He also possesses abundant movable property not only at his premises where he is carrying on business in the name and style of M/s ______ Ltd. He is very much capable of paying off the entire decree amount in lump sum.

3. Hence, it is just and necessary that this Hon'ble Court be pleased to issue notice under Order XXI, rule 37 of the Code of Civil Procedure, 1908, to the judgment debtor to order that he be arrested and put in prison.

DEPONENT

VERIFICATION
I, ____________ the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.

Verified at New Delhi on this day ___of _________20__.

DEPONENT



 

Order XXI Rule 37 of Code of Civil Procedure

Order XXI Rule 37 "Discretionary power to permit judgment debtor to show cause against detention in prison"

(1) Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison :

Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to abscond or leave the local limits of the jurisdiction of the Court.

(2) Where appearance is not made in obedience to the notice, the Court shall, if the decree- holder so requires, issue a warrant for the arrest of the judgment-debtor.

Legal Formats, Alphabetical Order

AFFIDAVIT FORMATS

Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma

Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage,  Act

Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act

Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005

Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act

Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal

Affidavit to Register Marriage under Hindu Marriage Act

Affidavit under Section 2 of Dissolution of Muslim marriage Act

Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order

Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act

Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application

Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC

Affidavit for Petition for maintenance under section 125 CrPC

Affidavit for production of documents in court which not produced earlier

Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation

Affidavit for Application to arrest Defendant before Judgment

Affidavit for Application to change name in the Education Certificate

Affidavit with Application for substituted service of summon order V Rule 20 CPC

Affidavit with Application for Registration of Will after death of Testator

Affidavit to Application objecting notice to vacate premises occupied the by the landlord

Affidavit for Application to issue Duplicate Driving License from Transport Authority

Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years

Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act,  Ground of Adultery

Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion

Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA

Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage

Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act

Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act

Affidavit to Petition Probate under Section 276 of Indian Succession Act

Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant

Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm

Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII

Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum

Affidavit for Execution Petition U/s 25 and 27 of Consumer Protection Act for  Execution of order and impose Penalty

Affidavit for Declaration of loss of Negotiable Instrument by Banker under Order VII Rule 16 of Code of Civil Procedure

Affidavit for Application seeking stay of Execution of Judgment under Order XLI Rule 5 of Code of Civil Procedure

Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC

Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC

Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure

Affidavit to application for restoration of suit under Order IX Rule 9 of Code of Civil Procedure in case of dismissed suit

Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure

Affidavit for Bail Application under section 437 of Code of Criminal Procedure

Affidavit for issue of Death Certificate after registration of death

Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court

Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Prohibition under Article 226 of the Constitution to be filed in High Court as Public Interest Litigation

Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court

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