Affidavit for Application to Arrest a Defendant Before Judgment (India)
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.
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.
5.0 out of 5 on Google
Read reviewsAs seen in
Frequently asked questions
A template isn't binding on its own - like any contract, it becomes binding once it's properly completed and signed. Templates in our curated library are professionally drafted for US or UK law; review any template before you sign it.
Yes. Chat with GitLaw to edit any section, or make changes directly in the editor.
Yes, read about team plans here.
Describe what you need in the chat and GitLaw will draft it for you.
Templates in our curated library are professionally drafted for US or UK law. The wider library comes from the GitLaw community and public sources - a solid starting point, but check any template fits your situation before you rely on it.
Mostly US and UK law. Some templates use general commercial terms that work across jurisdictions, and many note which law they're written for.
It depends on the situation. Templates work well for routine business agreements. For anything involving significant money, complex IP, employment, or areas you're unsure about, it's worth getting professional advice before you sign. GitLaw provides templates and tools, not legal advice.
Open any template in GitLaw and describe the change you want in the chat — 'make clause 4 mutual' or 'add a 30-day notice period', for example. GitLaw drafts the revised language and shows it as a suggested edit. You accept, reject, or keep editing from there.
Yes. Upload a Word, PDF, or Markdown file and GitLaw will open it in the editor. You can review, edit, or chat with GitLaw about it the same way you would with any template from the library.
Trusted by 5,000+ businesses
From template to signed, in one place
Every template opens in an editor with an AI agent alongside it.
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
Send and sign
Share it for negotiation, then collect signatures without leaving GitLaw.
eSign included
Built for your legal work,
with practicing lawyers
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
As seen in
Ready to get started?
No sales calls, no credit card. Just chat with GitLaw.
GitLaw provides templates and tools, not legal advice. Templates are a starting point, not a substitute for advice on your situation - for anything significant, speak to a qualified lawyer.