Affidavit for an Interlocutory Application Seeking Security (Rule 3) (India) by OLL
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Affidavit to be filed with Interlocutory Application seeking security under Rule 3(6)(b) in a Summary Suit Under Order xxxvii of Code of Civil Procedure.
As per Order xxxvii Rule 3 (6) (b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith.
Sample Format of Affidavit for Intervention Application in a Suit is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
INTERLOCUTORY APPLICATION NO_____ OF 20___
IN
ORIGINAL SUIT NO _______ OF 20__
MR ______________ APPLICANT / PLAINTIFF
VS
MR _______________ RESPONDENTS / DEFENDANTS
AFFIDAVIT
I, _______________ Son of _______________ aged _________ years, Resident of _________________________, do solemnly affirm and say as follows:
1. The I am the Accounts Manager and authorised signatory of the petitioner in the application and the plaintiff in the suit referred to above. The deponent is fully conversant with the facts and circumstances of the case and stands competent to swear to this affidavit on behalf of the petitioner. The deponent will be referred to as the petitioner hereinafter.
2. The suit is filed for recovery of an amount of Rs______ with future interest from the counter-petitioner who owes the money to the petitioner. The amount is due against sale of Generator sets made to the Defendant and the cheque issued by him, which was returned with reason of not having sufficient fund in the Accounts. Copy of cheque issued by the Defendant in favour of the petitioner, is produced alongwith the plaint as Ex-1.
3. Inspite of repeated requests made by the petitioner, the Defendant did not care to effect payment or settle the account, which necessitated the filing of the suit.
4. Before filing the suit, the petitioner had sent a legal notice to the Defendant through its lawyer Mr ______________ and reply containing false and frivolous contentions was sent by the Defendant, without remitting the amount. At the same time, he started taking steps for disposing of the stock of Computers in his business premises at the address given above with a view to siphoning off the sale proceeds into his private and concealed coffers for screening it from creditors like the petitioner. His attempt is to remove those goods, dispose of the same and then start a business in the name of his son thereby effectively defeating a creditor like the petitioner. The petitioner has come to know of the said threatened plans of the counter-petitioner yesterday when he made discrete enquiries through his agent, from dependable sources.
This is a preview. The full template is free on GitLaw.
This template is a sworn affidavit to be filed in an Indian court in support of an interlocutory application for security. It is specifically designed for summary suits where a plaintiff seeks to prevent a defendant from disposing of assets before a judgment is reached.
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About this template
What is this template?
This is a sworn evidentiary statement filed in court to support a request for security or attachment of property. It is not the application itself, but the mandatory supporting document that verifies the facts of the debt and the defendant's alleged attempts to hide assets. It specifically addresses procedures under Order XXXVII of the Indian Code of Civil Procedure.
When should you use it?
Use this when a defendant has been granted leave to defend a summary suit and you need the court to order them to provide security to protect your claim. Use a standard Affidavit of Service instead if you are merely proving that court papers were delivered to the other party.
Who it's for
- a plaintiff in an Indian summary suit seeking to prevent a defendant from siphoning off sale proceeds
- an accounts manager or authorized signatory filing evidence of a debt owed for goods like generator sets
- a creditor seeking interim attachment of a defendant's movable items to satisfy a future decree
How long it runs and how it's signed
Law it's drafted under
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