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Legal Format & Draft

The Security to Be Furnished under Order Xxxix Rule

Reference draft used in Indian courts — replace the blanks with your own case details.

In the Court of...................... at Suit No..................... of 199..........
.................................................... Plaintiff
versus
.................................................... Defendant.
Whereas in the suit above specified, instituted by the said plaintiff......................... to restrain the said
defendant................... from (here state the breach of contract or other injury), the said court, has, on the
application of the said plaintiff................... granted an injunction to restrain the said defendant from the
repetition (or the continuance) of the said breach of contract (for the wrongful act complained of), and
required security from the said defendant against such repetition (or continuance).
Therefore, I..................... inhabitant of.................. have voluntarily become security and do hereby bind
myself, my heirs and executors to......................... as Judge of the said court and his successors in office
that the said defendants............... shall abstain from the repetition (or continuance) of the breach of
contract aforesaid (or wrongful act, or from the committal of any breach of contract or injury of a like kind,
arising out of the same, contract, or relating to the same property or right), and in default of his so
abstaining, I bind myself my heirs and executors to pay into court, on the order of the court such sum to
the extent of rupees as the court shall adjudge against the said defendant.
Witness my hand of.................. this............... day of................... 200.............
(Signed)
Surety
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 Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial 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.

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