Attachment of property before Judgement is provided under Order 38 Rule 5 of CPC. If at any stage of the suit the Court of law is satisfied by affidavit or otherwise that the defendant is about to dispose of his property or about to remove the property from the jurisdictional limits of the Court in order to defeat and delay the execution of any decree that may be passed against him in the suit, the Court may attach the said property.
So whenever the plaintiff intends to attach the property of the defendant by filing a petition, he should file an affidavit along with the same. The format of the affidavit is provided below which shows the affidavit in a money suit. The petition format is provided in yet another post.
Before the Honourable Munsiff Court at __________(enter name of the station)
OS No_____(enter case number and year)
You may also enter the IA number along with the OS number.
I, ____(enter name of the plaintiff/petitioner), S/o______(enter father's name of the plaintiff/petitioner), aged____(enter age)of _______(enter full address) do hereby solemnly affirm and state as follows:-
1. I am the plaintiff in the above numbered suit and the petitioner in the IA.(Interlocutory Application)
2. That the suit is filed for realisation of money amounting to a sum of Rs.___(enter the sum of money) which the defendant borrowed from me on the basis of a promissory note. I know the facts of the case.
3. That the defendant on ________(enter date) demanded a sum of ______(enter amount) from me for his business purpose. He said that he should return it as soon as possible on my demand. He came to my house on ________(enter date) when I had the money ready with me. He received the money from me and executed a promissory note in my favour thereby acknowledging to return the money back on demand.
4. That I demanded the money several times but he is not giving ears to my demand. I therefore sent a registered lawyer notice on (enter date) demanding him to return the amount of (enter amount) covered by the promissory note within 15 days time of receipt of the notice. He received the notice on _____(enter date)but till date he has not paid the money.
5. That the defendant is now in very good position. He is now planning to move to another station where he can flourish his business by selling his property which is separately scheduled with the IA. I learnt this information from the neighbour of the defendant Mr.________(enter name). I reasonably believe that he has completely forgotten the liability towards me and not even cared so far to pay off his entire debt. He is evading intentionally my lawful demand for my money. If the defendant succeeds in selling his property he will flee from this locality and will never come back and any chance of getting back or recovering my money will come to an end. Hence for the interests of justice the property of the defendant may be attached and for that purpose I am filing a separate IA herewith.
Hence for the reasons stated above the Honourable Court may be pleased to attach the property belonging to the defendant separately scheduled by allowing the IA unless great hardships and loss will be caused to me.
All the facts stated above are true and correct to the best of my knowledge, information and belief.
Dated this the ________(enter date)
Deponent: (enter name of the plaintiff/petitioner and sign above it.)
Solemnly affirmed and signed before me by the deponent who is personally known to me in my office at ________(enter name of station) on this the ________(enter date).