Application under Section 95 CPC: Draft & 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 Respectfully Showeth: -
1. That the plaintiff had filed an application under Order 39 Rule 1 CPC before this Hon’ble Court. This Hon’ble Court was pleased to issue a warrant of arrest against the defendant.
2. That pursuant to the order of this Hon’ble Court the defendant was arrested on.................... and he could obtain release only on payment of amount of Rs. .................... as mentioned in the warrant of arrest.
3. That it is submitted that the plaintiff had obtained warrant of arrest on the ground that the defendant had absconded and left the local limits of jurisdiction of this Hon’ble Court.
4. That it is submitted that the defendant had neither absconded nor left the local limits of the jurisdiction of this Hon’ble Court.
5. That on account of obtaining wrongful arrest by the plaintiff the defendant had suffered loss as under: -
(Mention the loss suffered)
PRAYER It is most respectfully prayed that the applicant be awarded compensation of Rs..................... for the injury caused on account of obtaining wrongful arrest by the plaintiff.
It is therefore prayed accordingly.
Applicant ThroughAdvocate
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.
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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.