Under Order Xxi, Rule 37 Of The Code Of Civil Procedure, 1908 Notice - Legal Draft

Precedent No. 9

AFFIDAVIT: UNDER ORDER XXI, RULE 37 OF THE CODE OF CIVIL PROCEDURE,

1908- NOTICE

BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT,

E.P. No of 20...

In

O.S. No of 20

Decree-Holder:

Vs.

Judgment-Debtor:

AFFIDAVIT

I , aged years, S/o ,

Chief Executive Officer, Pvt. Ltd., do hereby solemnly affirm and

state as follows:—

1. That I say, that I am the Chief Executive Officer of the plaintiff

Companyand I am well conversant with the facts and circumstances of the

case. Iam duly authorised to swear to this affidavit on behalf of the

plaintiffcompany.

1. 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 is the

owner of two brand new Honda cars. 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 Elite Pvt. Ltd. He is very much capable of

paying off the entire decree amount in lump sum.

1. Hence, it is just and necessary that this Hon'ble Court be pleased

toissue 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.

SdJ Deponent.

Verification

Verified at on this the day

of , 20 , that the contents of the above affidavit are true and

correct to the best of my knowledge, belief and information and nothing

material has been concealed therefrom.

SdJ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

SdJ

Counsel for the deponent.

Note.—Affidavit to be attested by the appropriate authority prescribed

under

law.