Free u/s 39 R.1&2 r/w 151 CPC Application Template PDF India

About this agreement

Title: Application Format under Section 39, Rules 1 & 2 read with Section 151 CPC

Struggling to execute a decree in a different jurisdiction? Download our free Application Format under Section 39, Rules 1 & 2 read with Section 151 CPC template in PDF or Word format, ready to use for Indian courts.

What is an Application under Section 39, Rules 1 & 2 read with Section 151 CPC?

An Application under Section 39, Rules 1 & 2 read with Section 151 CPC is a crucial legal document used in civil execution proceedings in India. Section 39 of the Code of Civil Procedure (CPC), 1908, grants the court that passed the decree—or the court to which it was transferred—the power to send the decree to another court for execution if the judgment debtor resides or carries on business, or has property within the local limits of that court's jurisdiction. Rules 1 and 2 specify the procedural aspects, including the form of the certificate and transmission process. Section 151 CPC invokes the court's inherent powers to ensure justice is not defeated due to technicalities.

This application format is essential when the decree holder needs to enforce the judgment outside the original court's jurisdiction, preventing delays and ensuring swift recovery of dues.

Why is an Application Format under Section 39, Rules 1 & 2 read with Section 151 CPC Important?

Filing a proper application under Section 39, Rules 1 & 2 read with Section 151 CPC is vital for several reasons:

Jurisdictional Efficiency: It allows execution against assets or persons in another district without fresh suits.
Legal Compliance: Courts mandate this format to avoid rejection; non-compliance can lead to delays or dismissal.
Time and Cost Savings: A ready-to-use, customizable legal template speeds up drafting, reducing lawyer fees.
Higher Success Rate: Professionally drafted applications with all required details increase approval chances.

In India, where civil litigation often spans multiple courts, this format ensures seamless transfer of decrees, upholding the decree holder's rights under CPC.

Key Elements of the Application under Section 39, Rules 1 & 2 read with Section 151 CPC Format

A standard Application Format under Section 39, Rules 1 & 2 read with Section 151 CPC includes:

Heading and Court Details: Name of the court, case number, and parties (decree holder as applicant, judgment debtor as respondent).
Details of the Decree: Suit number, date of decree, nature of relief, and court that passed it.
Facts of the Case: Brief background justifying the transfer, e.g., judgment debtor's residence, business, or property location.
Grounds for Transfer: Reference to Section 39(1), Rules 1 & 2, and Section 151 CPC; mention convenience and justice.
Prayer Clause: Specific request to transmit the decree with a certificate under Rule 6 of Order XXI.
Verification: Affidavit by the applicant verifying facts.
Annexures: Certified copy of decree, execution application, etc.

Our free download provides this structure in editable Word/PDF format, fully compliant with Indian court requirements.

Who Should Use This Application Sample under Section 39, Rules 1 & 2 read with Section 151 CPC?

Decree Holders: Individuals or businesses recovering money, property, or specific performance.
Lawyers and Advocates: Handling execution petitions in High Courts, District Courts, or Civil Courts across India.
Common Use Cases: Transferring money decrees, mortgage decrees, or partition suits for execution in debtor's jurisdiction; interstate executions.

Whether in commercial disputes, family matters, or debt recovery, this legal template is indispensable.

Download Your Customizable Application Format under Section 39, Rules 1 & 2 read with Section 151 CPC Now!

Get instant access to our professional Application under Section 39, Rules 1 & 2 read with Section 151 CPC sample. Download for free in PDF or Word format, customize with your details using AI tools or legal help, and file confidently. Premium paid options offer advanced customization and lawyer-reviewed versions.

Important Note: This is a ready-to-use legal template for educational and drafting purposes. Always consult a qualified lawyer to tailor it to your case and ensure compliance with local court rules. For related formats, search our site for execution petitions, transfer applications, or CPC templates India.

(Word count: 582)

APPLICATION UNDER SECTION. 39, RULES 1 _ 2 READ WITH SECTION 151 C.P.C

APPLICATION U/S. 39, RULES 1 & 2 READ WITH SECTION 151 C.P.C. PRAYING FOR AD-INTERIM STAY RESTRAINING THE DEFENDANTS/RESPONDENTS FROM INTERFERING WITH THE POSSESSION OF THE PLAINTIFF/APPLICANT OF THE SUIT LAND TILL DECISION OF THE CASE.

IN THE HIGH COURT OF....................

LA. No..................... of 19....................

Civil Suit No..................... of 19.............................

A. B.................................................. Plaintiff/Applicant

versus

C. F........................................ Defendants/Respondents

Respectfully Showeth:

1. That the applicant/plaintiff has today filed the accompanying suit for declaration of permanent injunction against the defendents/respondents in respect of land bearing Khasra No..................... min measuring.................... sq. yards in use and occupation of the plaintiff/applicant in..................... the contents, averments and allegations of which need not be repeated herein for the sake of brevity craving leave of this Hob?ble court for the same being read as part of this application.

2. That the applicant is in possession of the suit land and is running his business of storage and sale of building materials for the last.................... years, yet he is sought to be thrown out of the land by self-seeking defendants No. 3 and 4 with the active connivance of subordinate staff of defendants No. 1 and 2, by taking the law in their own hands.

3. That the defendants have no interest, right, title in the suit land except to evict the applicant by exercise of sheer force and to grab it, the property being valuable.

4. That if the defendants/respondents succeed in their designs, the plaintiff/ applicant will suffer an irreparable injury which is not likely to be made good in terms of money for the simple reason that he will stand deprived of his source of livelihood.

5. That the balance of convenience is in favour of the applicant/plaintiff and the ends of justice require that the defendants may be restrained to forebear from interfering in any manner in the peaceful occupation of the plaintiff/applicant of the suit land and allow him to continue his business uninterrupted.

It is, therefore prayed that this Hon?ble Court may be pleased to issue an ad-interim order against the defendants, their agents and employees even without hearing them as the urgency of the matter requires, restraining them from interfering with the applicant?s possession of the suit land and from evicting him therefrom by taking law in their own hands, till decision of suit.

Plaintiff/applicant

Through Advocate

Place:...................

Dated:....................

AFFIDAVIT

IN THE HIGH COURT OF....................

I. A. No..................... of 19....................

Suit No..................... of 19........................................

A. B.................................................. Plaintiff/Applicant

versus

C. F.............................................................. Defendants

I,.................... s/o.................... aged about.................... years, r/o..................... do hereby solemnly affirm and declare as under:

1. That I am the plaintiff in the abovesaid suit and am fully conversant with the facts of the same.

2. That I have read the contents of the accompanying application for ad-interim stay drafted by my advocate under my instruction and I say that the same are true and correct to my knowledge.

3. That the annexure to the plaint which are relied upon by the applicant are the true copies of the originals.

Deponent

VERIFICATION

Verified at.................... on this the.................... day of.................... 19.................... that contents of my above affidavit are true and correct to my knowledge and that nothing has been concealed therefrom.

Deponent.

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting Application under Section 39, Rules 1 & 2, Read with Section 151 C.P.C.:

Heading and Title: Begin with a clear title, "Application under Section 39, Rules 1 & 2, Read with Section 151 C.P.C.," specifying court details, parties involved, and case number.

Introduction: Provide a concise introduction, explaining the purpose of the application. Section 39 deals with the execution of decrees, and Section 151 allows the court to take actions necessary for the ends of justice.

Legal Basis: Clearly cite Section 39, Rules 1 & 2, and Section 151 of the Civil Procedure Code as the legal foundation for filing the application, emphasizing the necessity for execution and ancillary actions.

Factual Background: Present a brief but comprehensive account of the facts leading to the application, outlining the decree sought to be executed and any additional circumstances justifying Section 151 intervention.

Relief Sought: Clearly state the relief sought, whether it's the execution of a decree, an ancillary order, or any other specific legal action to further the ends of justice.

Common Mistakes to Avoid:

Unclear Legal Basis: Ensure a clear reference to the legal provisions supporting execution and ancillary actions, preventing misunderstandings regarding the court's jurisdiction.

Failure to Specify Relief: Clearly articulate the relief sought in the application, avoiding ambiguity or generalized statements that may hinder the court's understanding.

Ignoring Procedural Rules: Familiarize yourself with procedural rules governing the execution of decrees and ancillary actions, adhering strictly to timelines and requirements.

Inadequate Supporting Documents: Include all necessary documents, such as the decree, to support the execution application and facilitate the court's decision-making.

Neglecting Notice Requirements: If required by the court, ensure proper notice is served to the other party, allowing them an opportunity to respond to the application before the court takes any action.

Applications under Section 39, Rules 1 & 2, read with Section 151 C.P.C. are used in civil cases to seek the execution of decrees and ancillary actions. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the necessity for execution, and contributes positively to the court proceedings.

Frequently asked questions

What is an Application under Section 39, Rules 1 & 2 read with Section 151 CPC?→

This is a legal application filed in Indian courts to seek transfer of a suit, appeal, or proceeding from one court to another for reasons of convenience, justice, or fairness, as per the Code of Civil Procedure (CPC), 1908.

Is this application format legally valid in India?→

Yes, this template is drafted in compliance with Section 39 CPC and relevant rules, making it legally valid for use in Indian courts when properly customized and filed.

Do I need to pay stamp duty or court fee for this application under Section 39 CPC?→

No stamp duty is typically required for court applications in India, but a nominal court fee as per the Court Fees Act and state rules must be affixed based on the court's jurisdiction.

In what format can I download this Application under Section 39 CPC?→

Download this legal document in editable Word (.docx) or PDF format, suitable for immediate use or printing in Indian courts.

Can I customize or edit this Section 39 CPC application template?→

Yes, this customizable Word template allows easy editing of party details, case facts, and grounds for transfer to suit your specific legal needs in India.

Who should use an Application under Section 39, Rules 1 & 2 read with Section 151 CPC?→

Parties to a suit or appeal in India should use this when seeking transfer to a more convenient court, ensuring fair trial under CPC provisions.

APPLICATION UNDER SECTION. 39, RULES 1 _ 2 READ WITH SECTION 151 C.P.C

IN THE HIGH COURT OF....................

LA. No..................... of 19....................

Civil Suit No..................... of 19.............................

A. B.................................................. Plaintiff/Applicant

versus

C. F........................................ Defendants/Respondents

Respectfully Showeth:

3. That the defendants have no interest, right, title in the suit land except to evict the applicant by exercise of sheer force and to grab it, the property being valuable.

Plaintiff/applicant

Through Advocate

Place:...................

Dated:....................

AFFIDAVIT

IN THE HIGH COURT OF....................

I. A. No..................... of 19....................

Suit No..................... of 19........................................

A. B.................................................. Plaintiff/Applicant

versus

C. F.............................................................. Defendants

I,.................... s/o.................... aged about.................... years, r/o..................... do hereby solemnly affirm and declare as under:

1. That I am the plaintiff in the abovesaid suit and am fully conversant with the facts of the same.

2. That I have read the contents of the accompanying application for ad-interim stay drafted by my advocate under my instruction and I say that the same are true and correct to my knowledge.

3. That the annexure to the plaint which are relied upon by the applicant are the true copies of the originals.

Deponent

VERIFICATION

Deponent.

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99