IN THE COURT OF.................... Suit No..................... of 19........................................
CD................................................................... Plaintiff
versus
C. F................................................................ Defendant
The applicant most respectfully submits as under: —
1. That the plaintiff has instituted this suit on frivolous allegations and the defendant has every reason to believe that the suit of plaintiff will ultimately fail.
2. That the plaintiff does not possess sufficient immovable property within the jurisdiction of this Hon’ble Court or anywhere out of India, out of which the cost incurred on the suit by defendant could be realised.
Or
That the plaintiff is about to leave India and under the circumstances there is reasonable probability that he will not be forthcoming to pay costs of the suit to be incurred by the defendant.
PRAYER It is therefore most respectfully prayed that the plaintiff may be ordered by this Hon’ble Court to furnish security within the time as may be specified by this Hon’ble Court for the payment of costs incurred and likely to be incurred by the applicant.
It is accordingly prayed.
Plaintiff
Through Advocate
Place:....................
Dated:....................

AFFIDAVIT IN THE COURT OF.................... Suit No.....................
IN THE MATTER OF: - AB.............................................Plaintiff/Petitioner
versus
CD.....................................Defendants/Respondent
AFFIDAVIT I,........................................................... resident of....................................... ........................................................ solemnly affirm and declare as under: -
1. I am the........................................ in this case and hence competent to swear this affidavit.
2. That the contents of the accompanying application are true and correct.
DEPONENT VERIFICATION Verified at.................... on this.................... day of........................................ that the contents of the above affidavit are true and correct to my knowledge.
DEPONENT

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Application under Order 25, Rule 1, C P C: Draft & Format

Using this format

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