Table of Contents
APPLICATION UNDER ORDER 38, RULE 5, C. P. C.
APPLICATION UNDER ORDER 38, RULE 5, C. P. C.
Draft
APPLICATION UNDER ORDER 38, RULE 5, C. P. C.
IN THE COURT OF………………..
Suit No………………… of 19………………………………….
C. D…………………………………………………………. Plaintiff
versus
C. F………………………………………………………. Defendant
The applicant most respectfully submits as under: —
1. That the defendant has instituted this suit for recovery of the arrears of rent amounting to Rs………………… against the defendant.
2 That the applicant has also claimed pendente lite rent to the extent of Rs. ……………….. till the suit is decided. The total decretal amount including costs of suit would be Rs………………… (approx. ).
3. That the defendant is not possessed of any immovable property of his own within the jurisdiction of this Hon’ble Court.
4. That the plaintiff has reliably learnt that the defendant is likely to dispose of a part of his immovable property and he is about to remove the remainder from the local limits of the jurisdiction of this Hon’ble Court with intent to delay the execution of the decree that may be passed against him.
5. That in case the defendant disposes of a part of his movable property and removes remainder thereof from the local limits of the jurisdiction of this Hon’ble Court, the applicant/plaintiff will not be able to realise the decretal amount from the defendant.
6. That an affidavit in support of the above facts is being filed along with this application.
7. That it is expedient in the ends of justice that the movable properties belonging to the defendant as specified in annexure annexed hereto this application be attached and the same be kept attached till present suit is decided.
PRAYER
It is therefore most respectfully prayed that the defendant may be directed to furnish security to the extent of Rs………………… and place at the disposal of the court, when required, the property specified in the annexure annexed to the application.
It is prayed accordingly.
Applicant
Through Advocate
Place:………………..
Dated:………………..
