Free Order 38 Rule 9 Security Template India PDF/Word

About this agreement

SECURITY UNDER ORDER XXXVIII RULE 9

Are you facing an attachment before judgment in a civil suit and need a precise SECURITY UNDER ORDER XXXVIII RULE 9 Format to safeguard your interests? Our ready-to-use legal template ensures compliance with Order XXXVIII Rule 9 of the Code of Civil Procedure (CPC), 1908, helping defendants furnish security swiftly and effectively.

What is Security Under Order XXXVIII Rule 9?

Under Order XXXVIII Rule 9 of the CPC, when a court attaches a defendant's property before delivering judgment in a civil suit, the defendant may be directed to furnish security for the due performance of the decree or any part thereof. This Security Under Order XXXVIII RULE 9 Format is essentially a bond or undertaking executed by the defendant, often supported by sureties, guaranteeing payment or compliance if the plaintiff succeeds. It's a critical document in high-stakes recovery suits where plaintiffs fear the defendant might dispose of assets to evade liability.

This format is indispensable in Indian courts, from district levels to high courts, ensuring procedural adherence and protecting both parties' rights. Whether it's a debt recovery, breach of contract, or commercial dispute, having a standardized SECURITY UNDER ORDER XXXVIII RULE 9 Sample prevents delays and potential contempt proceedings.

Why is Security Under Order XXXVIII Rule 9 Important?

Furnishing security under this rule is mandatory to lift or modify the attachment, averting further financial hardship. It demonstrates the defendant's good faith and commitment to the court's decree, potentially leading to favorable outcomes like vacation of attachment. Key legal benefits include:

Compliance Assurance: Meets exact court requirements under CPC, reducing rejection risks.
Asset Protection: Allows release of attached properties upon security deposit.
Time-Saving: Pre-drafted format accelerates court filings.
Risk Mitigation: Sureties provide additional accountability, strengthening your position.

Non-compliance can result in sale of attached assets or escalated penalties, making a professional SECURITY UNDER ORDER XXXVIII RULE 9 Format vital for defendants in India.

Key Elements of SECURITY UNDER ORDER XXXVIII RULE 9 Format

A comprehensive SECURITY UNDER ORDER XXXVIII RULE 9 Sample must include:

Court Details: Suit number, parties' names, and jurisdiction.
Attachment Reference: Specific order date and properties attached.
Security Amount: Exact sum as directed, matching the suit claim.
Defendant's Undertaking: Promise to pay decree amount with interest.
Sureties' Details: Names, addresses, worth statements, and affidavits verifying financial capacity.
Execution Clause: Signatures, witnesses, and stamp duty compliance.
Affidavit Annexure: Supporting sworn statement on assets and liabilities.

Our customizable legal template in PDF/Word format incorporates these elements, tailored for Indian courts.

Who Should Use SECURITY UNDER ORDER XXXVIII RULE 9 Format?

This document is essential for:

Defendants in Recovery Suits: Facing ex-parte attachment orders.
Business Owners: In commercial disputes involving loans or payments.
Property Litigants: When real estate or movable assets are attached.
Lawyers and Firms: Seeking ready-to-use formats for multiple clients.

Common use cases span civil litigation like cheque bounce, partnership dissolutions, and vendor disputes across India.

Download Your SECURITY UNDER ORDER XXXVIII RULE 9 Format Now

Get instant access to our premium SECURITY UNDER ORDER XXXVIII RULE 9 Format – available in editable Word and PDF formats. Perfect for quick customization to fit your case specifics. Download today for just a nominal fee and stay ahead in court!

Final Note

While our SECURITY UNDER ORDER XXXVIII RULE 9 Sample is designed by legal experts for accuracy, it's recommended to consult a qualified Indian lawyer for personalization. This is not legal advice but a customizable tool to streamline your compliance. Explore related templates like Affidavit for Attachment Vacation, Order XXXVIII Rule 5 Application, and more free download options for CPC formats, legal templates India, court document samples, and ready-to-use agreements.

SECURITY UNDER ORDER XXXVIII RULE 9

SECURITY UNDER ORDER XXXVIII RULE 9

In the court of......................... at................................

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

........................................................................ Plaintiff.

versus

...................................................................... Defendant.

Amount of suit, Rupees.........................................

Whereas in the suit above specified the plaintiff aforesaid has applied to the said court that the said defendant........................... may be called on to furnish sufficient security to fulfil any decree that may be passed against him in the said suit, or that on his failure so to do, certain property of the said defendant.................. may be attached.

And, whereas on the failure of the said defendants................... to furnish such security, or, show cause why it should not be furnished the property aforesaid of the said defendant............................ has been attached by order of the said court:

Therefore, I........................ inhabitant of................... have voluntarily become security and hereby bind myself my heirs and executors, to.................... as Judge of the Court and his successors in office, that the said defendant.......................... shall produce and place at the disposal of the said court, when required, the property herein below specified, namely (here give description of property or refer to an annexed schedule) or the value of the same, or such portion thereof as may be sufficient to fulfil such decree and shall when required pay the costs of the attachment, and in a default of his so doing. I bind myself, my heirs and executors to pay to.......................... as Judge of the said court and his successors in office on its order that such sum to the extent of rupees (here enter a sufficient sum to cover the amount of suit, with costs and the costs of the attachment) as the said Court may adjudge against the said defendant.

Witness my hand at........................... this...................... day of 199................

(Signed)

Witnesses:

1. ..................................

2. ..................................

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting Security under Order XXXVIII, Rule 9 Purpose: Security under Order XXXVIII, Rule 9 of the CPC is provided by a defendant to the plaintiff as a guarantee for payment of any decree that may be passed against them in a suit for a pecuniary sum.

Usage:

Employed when a plaintiff requests security from the defendant to safeguard against the risk of non-payment of a potential decree. Utilized in cases where the defendant is likely to dispose of their assets or abscond to avoid payment. Drafting Steps:

Title and Court Details: Clearly title the security document and address it to the appropriate court handling the suit. Party Information: Provide complete details of both the plaintiff and the defendant. Case Details: Mention the case number, court name, and the nature of the suit. Amount of Security: Specify the amount of security to be provided by the defendant, usually determined by the court. Nature of Security: Describe the form of security accepted, such as cash deposit, bank guarantee, or surety bond. Duration of Security: Specify the duration for which the security will remain in force, usually until the final disposal of the suit. Consequences of Default: Outline the consequences of the defendant's failure to provide or maintain the security, such as dismissal of defenses or striking out pleadings. Verification: End with a verification clause affirming the correctness of the contents.

Common Mistakes to Avoid:

Inadequate Amount: Ensure the security amount is sufficient to cover the potential decree amount and costs. Failure to Specify Form of Security: Clearly specify the acceptable forms of security to avoid ambiguity. Ignoring Court Orders: Adhere strictly to any court orders or directions regarding the provision of security. Lack of Clarity: Ensure the document is clear and unambiguous to prevent misinterpretation. By following these guidelines, one can effectively draft security under Order XXXVIII, Rule 9 CPC, providing assurance for the payment of a potential decree and safeguarding the plaintiff's interests.

Frequently asked questions

What is Security under Order XXXVIII Rule 9?→

This is a security bond provided by the defendant under Order XXXVIII Rule 9 of the Code of Civil Procedure, 1908, in India, to avoid attachment before judgment when the plaintiff apprehends disposal of assets.

Is this security bond legally valid in Indian courts?→

Yes, this bond is legally valid and enforceable in Indian courts under CPC Order XXXVIII Rule 9, provided it is properly executed, stamped, and filed.

Does furnishing security under Order XXXVIII Rule 9 require stamp duty?→

Yes, security bonds attract stamp duty as per the Indian Stamp Act, 1899; rates vary by state, so check local schedules before execution.

In what format can I download this security agreement?→

Download this legal document in editable Word or PDF format, suitable for customization and use in Indian civil proceedings.

Can I customize or edit this security bond template?→

Yes, this customizable template allows editing of party details, security amount, and court information in Word before signing and notarizing.

When and who should use Security under Order XXXVIII Rule 9?→

Use this when a plaintiff fears the defendant will dispose of property to defeat decree execution; defendant furnishes it to prevent pre-judgment attachment.