Affidavit for Application to Arrest a Defendant Before Judgment (India) by OLL
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Affidavit for Application to arrest Defendant before Judgment.
Format of Affidavit to be attached with application for arrest of Defendant before Judgment.
To arrest the Defendant before Judgment, application needs to be filed with affidavit, in case of summon is served to the Defendant and he is evading appearance. This application can be filed when the defendant leaves the jurisdiction of this court, the plaintiff will not be able to recover any money from him.
Sample Format of Affidavit to be filed with application for arrest is given below:
IN THE COURT OF ____________, NEW DELHI
CS OS NO. ____ OF 20__
IN THE MATTER OF :
MR. ______________ PLAINTIFF
VERSUS
MR. ______________ RESPONDENT
AFFIDAVIT
I, _______________, son of Shri. ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-
1 . That I am the plaintiff in the above mentioned suit and as such well acquainted with the facts deposed to below.
2. That the defendant has taken a friendly loan of Rs ______ from the me on _______ and he executed a promissory note on __________. I have demanded the money from him in several occasions he has not paid any amount inspite of demand. The present suit has been filed for recovery of the said amount and interest thereon.
3. That the defendant was served with summons in the present suit on _________
4. That on ______ the defendant sent his wife and children with household items to unknown place.
5. That I have been informed by Mr. _______________the Manager of _________ Company Ltd, where the defendant is employed, which I believe to be true, that the defendant has given notice to his employer to resign from service at the end of ___________.
6. That if the defendant leaves the jurisdiction of this court, the plaintiff will not be able to recover any money from him.
7. That if the defendant leaves the jurisdiction of this Court, the plaintiff will be put to irreparable loss .
I, _______________, the above named deponent, do hereby verify that the contents of paragraphs 1 to 7 of this affidavit are true to my personal knowledge and nothing has been concealed and no part of it is false.
DEPONENT
VERIFICATION
Verified at Delhi on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
Order XXXVIII Rule 1 of Code of Civil Procedure
This is a preview. The full template is free on GitLaw.
This template provides a standard format for an affidavit used in Indian civil courts to request the arrest of a defendant before a judgment is issued. It is specifically designed for situations where a plaintiff believes the defendant is attempting to evade the court's jurisdiction or dispose of assets to avoid paying a potential debt.
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About this template
What is this template?
This document is a sworn statement of facts used to convince a civil court that a defendant intends to abscond or remove property. It contains specific allegations regarding the defendant's resignation from service and the removal of household items to unknown locations. It is not a criminal warrant or a police report, but a civil procedural tool to secure a defendant's appearance.
When should you use it?
Use this when a defendant in a recovery suit has already been served summons but is taking active steps to leave the local limits of the court's jurisdiction. The nearest alternative would be an application for attachment before judgment under Order XXXVIII Rule 5 if the goal is to secure property rather than the person.
Who it's for
- a plaintiff in New Delhi seeking to prevent a defendant from evading a recovery decree
- a creditor who has evidence that a debtor is resigning from employment and moving household items
- a legal practitioner filing an application under Order XXXVIII Rule 1 of the CPC
How long it runs and how it's signed
Law it's drafted under
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