As per Order XXI Rule 37 where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison.
Sample Format of Affidavit for Application under Order XXI Rule 37 CPC is as under.
IN THE COURT OF _________________
EXECUTION PETITION NO ____ OF 20__
IN
ORIGINAL SUIT NO____ OF 20___
IN THE MATTER OF:
MR. ____________ DECREE
HOLDER
VERSUS
MR._____________
JUDGMENT DEBTOR
AFFIDAVIT
I_______________ , aged _____ years, S/o _____________________, General Manager Accounts of __________________ Ltd., do hereby solemnly affirm and state as follows:-
1. That I say, that I am the General Manager Accounts of the plaintiff Company and I am well conversant with the facts and circumstances of the case. I am duly authorised to swear to this affidavit on behalf of the plaintiff company.
2. That I say, that the plaintiff company had obtained a decree against the judgment-debtor for the realization of an amount of Rs ______ with interest and costs. The judgment debtor is known to have landed properties and adequate liquid cash to pay off the decree debt in lump sum. He sold the attached property for substantial price. He also possesses abundant movable property not only at his premises where he is carrying on business in the name and style of M/s ______ Ltd. He is very much capable of paying off the entire decree amount in lump sum.
3. Hence, it is just and necessary that this Hon'ble Court be pleased to issue notice under Order XXI, rule 37 of the Code of Civil Procedure, 1908, to the judgment debtor to order that he be arrested and put in prison.
DEPONENT
VERIFICATION
I, ____________ the Deponent above named do hereby verify that the contents of the above
Affidavit are true and correct to my personal knowledge and nothing material has
been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
DEPONENT
Order XXI Rule 37 "Discretionary power to permit judgment debtor to show
cause against detention in prison"
(1) Notwithstanding anything in these rules, where an application is for the
execution of a decree for the payment of money by the arrest and detention in
the civil prison of a judgment-debtor who is liable to be arrested in pursuance
of the application, the Court shall, instead of issuing a warrant for his
arrest, issue a notice calling upon him to appear before the Court on a day to
be specified in the notice and show cause why he should not be committed to the
civil prison :
Provided that such notice shall not be necessary if the Court is satisfied, by
affidavit, or otherwise that, with the object or effect of delaying the
execution of the decree, the judgment-debtor is likely to abscond or leave the
local limits of the jurisdiction of the Court.
(2) Where appearance is not made in obedience to the notice, the Court shall, if
the decree- holder so requires, issue a warrant for the arrest of the
judgment-debtor.
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court