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  • Petitions & Pleadings / APPLICATION-FOR-ATTACHMENT-BEFORE-JUDGMENT-under-Order-38-rule-5-of-Code-of-Civil-Procedure

Petitions & Pleadings

APPLICATION FOR ATTACHMENT BEFORE JUDGMENT

IN THE COURT OF THE CIVIL JUDGE, __________

 Special Civil Suit No. _./ 20__

________________________________ Plaintiff     

Vs.

________________________________ Defendant 

       

APPLICATION FOR ATTACHMENT BEFORE JUDGMENT

The plaintiff above named submits this application, praying to state as follows :

  1. That the plaintiff has filed in this Hon'ble Court the present suit against the defendant for a huge amount of money claim of Rs. __________/_.
  2.  That the defendant has already been served with a notice on___, and immediately on the following day, he published an advertisement in the daily "________", offering the sale of his property bearing ________________,  and the plaintiff believes that the defendant is trying to dispose of the said property and leaving from here with an intention to defeat the decree that may be passed against the defendant and in favour of this plaintiff.
  3.  That the plaintiff also believes that the defendant holds no other property except and save the said house property within the local limits of the jurisdiction of this Hon'ble Court.
  4.  That the plaintiff apprehends that, if the defendant were to succeed in his malicious plan and designs, the order and decree of this Hon'ble Court, when passed, would be rendered infructuous and thereby the plaintiff would be subjected to suffer irreparable loss and damage, and hence, this application.
  5.  That this application being chargeable with a fixed rate of court fee, the same is paid herewith.
  6.   That the plaintiff, therefore, prays that during the pendency of this suit, the said property bearing House No. ____________, be kindly attached.
  7.   An affidavit in support herewith is filed herewith.

Sd/_

PLAINTIFF

Sd/_

ADVOCATE

 

Verification:

I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place) this ______.

 

                                                            Plaintiff / Defendant

AFFIDAVIT

I, __________________________, the present plaintiff, do hereby state on solemn affirmation as follows :

  1. That the plaintiff has filed in this Hon'ble Court the present suit against the defendant for a huge amount of money claim of Rs. _________/_.
  2. That the defendant has already been served with a notice on___, and immediately on the following day, he published an advertisement in the daily "_____", offering the sale of his property bearing ______________.
  3. That the plaintiff believes that the defendant is trying to dispose of the said property and leaving from here with an intention to defeat the decree that may be passed against the defendant and in favour of this plaintiff.
  4.  That the plaintiff also believes that the defendant holds no other property except and save the said house property within the local limits of the jurisdiction of this Hon'ble Court.
  5.  That the plaintiff apprehends that, if the defendant were to succeed in his malicious plan and designs, the order and decree of this Hon'ble Court, when passed, would be rendered infructuous and thereby the plaintiff would be subjected to suffer irreparable loss and damage, and hence, this application.

WHATEVER stated above is true and correct to the best of my knowledge and belief, so I have signed hereunder at ________ this day____of___20__

Sd/_

PLAINTIFF

 

Sd/_

ADVOCATE

 

 

 

 

 

 

 

 

 


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