Attachment of a property before judgement is ordered by a Court of law as per Order 38 Rule 5 of CPC. In a suit for money the plaintiff always attaches any immovable property belonging to the defendant so that he may realise the money from the property after a decree in his favour. The attachment is ordered as a discretionary relief. This often helps the plaintiff to secure the property for helping him to realise the fruits of the decree.
This is filed by way of an affidavit and petition. This post only shows the format of the petition. The affidavit can be found in another post.
Before the Honourable Munsiff Court at ____(enter station name)
IA No. _____(enter interim application number and year)
O.S No._____(enter original suit number and year)
Petitioner/Plaintiff_______________(enter name and full address)
Respondent/Defendant___________(enter name and full address)
Petition filed under Order 38 Rule 5 read with Section 151 of the Code of Civil Procedure
For the reasons stated in the accompanying affidavit, this Honourable Court may be pleased to order attachment of the immovable property belonging to the respondent described in the schedule filed separately herewith until the final disposal of the suit unless the plaintiff/petitioner will be put to unnecessary loss and hardships.
Dated this the ____________(enter date)
Sd/-Counsel for the petitioner