Application under Section 46 CPC: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
In the Matter of:
AB..................................................................... Plaintiff
versus
CD................................................................. Defendant
Most Respectively Showeth: -
1. That I am the decree holder in Suit No.................... of................... which was decreed by this Hon’ble Court.
2. That under the decree passed by this Hon’ble Court an amount of Rs..................... is to be recovered from the judgment debtor.
3. That it is submitted that the judgment debtor has no property either movable or immovable within the jurisdiction of this Hon’ble court but he has both movable and immovable property with power of disposition within the jurisdiction of.....................
4. That the description of the property belonging to the judgment debtor within the jurisdiction.................... are given in the Schedule annexed hereto.
PRAYER It is most respectfully prayed that a precept may kindly be issued by this Hon’ble Court to the Court at.................... to attach the property belonging to the judgment debtor as detailed in the Schedule annexed hereto.
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.
Related
- Civil Litigation services in Kolkata
- Filing in the Calcutta High Court: complete guide
- All 47 practice areas
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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.