IN THE COURT OF.................... Suit No..................... of 19........................................
C. D................................................................... Plaintiff
versus
C. F................................................................ Defendant
The applicant most respectfully submits as under: —
1. That the defendant has instituted this suit for recovery of the arrears of rent amounting to Rs..................... against the defendant.
2 That the applicant has also claimed pendente lite rent to the extent of Rs. .................... till the suit is decided. The total decretal amount including costs of suit would be Rs..................... (approx. ).
3. That the defendant is not possessed of any immovable property of his own within the jurisdiction of this Hon’ble Court.
4. That the plaintiff has reliably learnt that the defendant is likely to dispose of a part of his immovable property and he is about to remove the remainder from the local limits of the jurisdiction of this Hon’ble Court with intent to delay the execution of the decree that may be passed against him.
5. That in case the defendant disposes of a part of his movable property and removes remainder thereof from the local limits of the jurisdiction of this Hon’ble Court, the applicant/plaintiff will not be able to realise the decretal amount from the defendant.
6. That an affidavit in support of the above facts is being filed along with this application.
7. That it is expedient in the ends of justice that the movable properties belonging to the defendant as specified in annexure annexed hereto this application be attached and the same be kept attached till present suit is decided.
PRAYER It is therefore most respectfully prayed that the defendant may be directed to furnish security to the extent of Rs..................... and place at the disposal of the court, when required, the property specified in the annexure annexed to the application.
It is prayed accordingly.
Applicant
Through Advocate
Place:....................
Dated:....................

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 38, Rule 5, C P C: Draft & Format

Using this format

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