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__
ORIGINAL SUIT NO____ OF 20___
IN THE MATTER OF:
MR. ____________ DECREE HOLDER
MR._____________ JUDGMENT DEBTOR
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.
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__.
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.
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