In the court of......................... at................................
Suit No................................... of...................... 19................
........................................................................ Plaintiff.
versus
...................................................................... Defendant.
Amount of suit, Rupees.........................................
Whereas in the suit above specified the plaintiff aforesaid has applied to the said court that the said
defendant........................... may be called on to furnish sufficient security to fulfil any decree that may be
passed against him in the said suit, or that on his failure so to do, certain property of the said
defendant.................. may be attached.
And, whereas on the failure of the said defendants................... to furnish such security, or, show cause
why it should not be furnished the property aforesaid of the said defendant............................ has been
attached by order of the said court:
Therefore, I........................ inhabitant of................... have voluntarily become security and hereby bind
myself my heirs and executors, to.................... as Judge of the Court and his successors in office, that
the said defendant.......................... shall produce and place at the disposal of the said court, when
required, the property herein below specified, namely (here give description of property or refer to an
annexed schedule) or the value of the same, or such portion thereof as may be sufficient to fulfil such
decree and shall when required pay the costs of the attachment, and in a default of his so doing. I bind
myself, my heirs and executors to pay to.......................... as Judge of the said court and his successors
in office on its order that such sum to the extent of rupees (here enter a sufficient sum to cover the
amount of suit, with costs and the costs of the attachment) as the said Court may adjudge against the
said defendant.
Witness my hand at........................... this...................... day of 199................
(Signed)
Witnesses:
1. ..................................
2. ..................................

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 handles drafting, filing and arguments 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.

Security under Order Xxxviii Rule 9: Draft & Format

Using this format

Related