Order 38 Rule 5 CPC Application Template

About this agreement

Title: Application Under Order 38, Rule 5, C. P. C Format

Need a reliable Application Under Order 38, Rule 5, C. P. C format to secure your claim in a civil suit? Download our customizable legal template today and protect your interests against potential asset disposal by the defendant.

In the realm of civil litigation in India, an Application Under Order 38, Rule 5, C. P. C format is a crucial tool for plaintiffs seeking interim relief. Under Order 38 Rule 5 of the Code of Civil Procedure, 1908 (CPC), this application allows the court to direct the defendant to furnish security or face attachment of their property before judgment. This provision is invoked when there's a reasonable apprehension that the defendant might dispose of or remove their property to obstruct or delay the execution of any decree that may be passed against them.

Why is Application Under Order 38, Rule 5, C. P. C Format Important?

Filing an Application Under Order 38, Rule 5, C. P. C is vital in high-stakes civil suits where the plaintiff's recovery is at risk. It prevents defendants from dissipating assets, ensuring that any favorable decree can be effectively enforced. Courts grant this relief only upon strong prima facie evidence of such intent, making a well-drafted application essential to succeed. This format complies with Indian court requirements, saving time and reducing rejection risks due to procedural errors.

Key Elements of Application Under Order 38, Rule 5, C. P. C Format

A professional Application Under Order 38, Rule 5, C. P. C format should include:

Court Details: Jurisdiction, suit number, and names of parties.
Reference to Suit: Brief facts of the pending civil suit.
Grounds for Application: Specific reasons showing the defendant's likely intent to dispose of property, such as past conduct, financial distress, or threats.
Prayer Clause: Request for security deposit or attachment of specified properties (movable/immovable).
Affidavit in Support: Sworn verification of facts by the plaintiff or agent.
Verification: Signed declaration under oath.

Our ready-to-use template incorporates all these sections, formatted for PDF/Word download, ensuring it's court-ready.

Who Should Use This Application Under Order 38, Rule 5, C. P. C Sample?

This legal template is ideal for:

Creditors in debt recovery suits.
Plaintiffs in commercial disputes fearing asset stripping.
Business owners in contract breach cases.
Individuals in property or partnership litigations across District Courts, High Courts in India.

Common use cases include money suits, breach of agreement claims, and recovery of dues where defendants show signs of evasion.

Download Your Customizable Application Under Order 38, Rule 5, C. P. C Format Now

Get instant access to our free downloadable Application Under Order 38, Rule 5, C. P. C format in PDF or Word. Customize it with AI assistance or professional legal help for your specific case. Paid options offer premium templates with advanced customization, endorsements, and compatibility with legal software.

Important Note on Customization and Legal Advice

While this Application Under Order 38, Rule 5, C. P. C sample is designed as a ready-to-use legal template for India, always consult a qualified lawyer to tailor it to your facts and jurisdiction. It's not a substitute for professional advice. Explore related formats like Affidavit for Attachment, Order 39 Temporary Injunction Application, or CPC suit templates for comprehensive litigation support.

(Word count: 512)

APPLICATION UNDER ORDER 38, RULE 5, C. P. C

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:....................

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting Application under Order 38, Rule 5, CPC:

Heading and Title: Begin with a clear title, "Application under Order 38, Rule 5, CPC," specifying court details, parties involved, and case number.

Introduction: Provide a concise introduction, outlining the purpose of the application under Order 38, Rule 5, such as seeking security before judgment due to the defendant's potential to dispose of assets.

Factual Background: Present a brief and clear account of the facts leading to the need for security and explain how the defendant's actions pose a risk to the satisfaction of the decree.

Legal Basis: Clearly cite Order 38, Rule 5, CPC, as the legal authority for seeking security before judgment and explain why it is necessary in the given circumstances.

Prayer for Relief: Specify the relief sought, emphasizing the amount and nature of security required, and highlight its connection to the potential loss or disposal of assets.

Common Mistakes to Avoid:

Vague Allegations: Ensure the application provides specific and factual details about the defendant's actions that necessitate seeking security.

Lack of Legal Basis: Clearly identify the legal basis for seeking security under Order 38, Rule 5, avoiding vague references.

Incomplete Details: Include all relevant details about the case, the potential risk, and the specific assets at risk.

Ignoring Procedural Rules: Adhere strictly to procedural rules and timelines, avoiding any oversight that may hinder the court's prompt consideration.

Failure to Establish Urgency: Clearly articulate the urgency and irreparable harm that would result without the grant of security before judgment.

By following these guidelines and avoiding common mistakes, a well-drafted Application under Order 38, Rule 5, CPC can effectively secure assets before judgment in situations where the defendant's actions may jeopardize the satisfaction of the decree.

Frequently asked questions

What is an Application under Order 38 Rule 5 CPC?→

This legal application under Order 38 Rule 5 of the Code of Civil Procedure, 1908, allows a plaintiff in India to seek attachment of the defendant's property before judgment to prevent disposal of assets that could defeat the suit.

Is this Application under Order 38 Rule 5 CPC legally valid in Indian courts?→

Yes, this customizable template is drafted in compliance with Indian CPC provisions and is valid for use in civil courts across India; however, get it reviewed by a lawyer.

Do I need to pay stamp duty or court fees for filing this application in India?→

Court fees are required based on the suit value and court rules; stamp duty is generally not applicable for CPC applications, but verify with the specific court jurisdiction.

In what format can I download this Application under Order 38 Rule 5 CPC?→

Download the agreement in editable Word format for customization or PDF for printing and reference.

Can I edit or customize this Application under Order 38 Rule 5 CPC template?→

Yes, the Word version is fully customizable to include your case details, parties, and court information for use in Indian legal proceedings.

When should a plaintiff use an Application under Order 38 Rule 5 CPC?→

Use it in a pending civil suit in India when there's a risk that the defendant will dispose of or remove property to obstruct execution of a potential decree.