Affidavit for Application seeking stay of Execution of Judgment under Order XLI                                            Rule 5 of Code of Civil Procedure.

Format of affidavit for Application seeking stay of Execution of Judgment under order xli Rule 5 of CPC.

When appeal is filed against a Judgment and application is filing for stay of Execution proceedings, Affidavit need to be filed with the Application under Order XLI Rule 5 of Code of Civil Procedure. Where an application is made for stay of execution of an appeal able decree before the expiration of the time allowed for appealing therefrom, the Court which passed the decree may on sufficient cause being shown order the execution to be stayed.
Sample Format of Affidavit for Application seeking stay of Execution of Judgment under order XLI Rule 5 of CPC is as under.

 

                  BEFORE THE HIGH COURT OF _________________
                      CIVIL APPELLATE JURISDICTION
                  MISCELLANEOUS APPLICATION NO__ OF 20__

(UNDER ORDER XLI RULE 5 OF CODE OF CIVIL PROCEDURE, 1908)

                             FIRST APPEAL NO _____ OF 20__

IN THE MATTER OF:
MR. ____________                                                                    APPLICANT / APPELLANT

VERSUS 

MR._____________                                                                                                                             RESPONDENT

AFFIDAVIT

I, __________________, Son of Shri. _______________, aged about __ years, resident of ________________________________, New Delhi _____, do hereby solemnly affirm and declare as under:

1. That I am the appellant in the abovementioned Appeal and the applicant/petitioner in the Application referred to above. Being well conversant with the facts and circumstances of the present case, the deponent is competent to swear to this affidavit and will be referred to as the applicant hereinafter.
2. That, the respondent had filed a suit No _____ of 20__ against the applicant in the Subordinate Court of for recovery of an  amount of Rs ______ allegedly due from the applicant to the respondent on account of the Computer supplied by the respondent for the applicant.
3. That, the suit for the said recovery was decreed by the Hon’ble Subordinate Court on _____.
4. That, the respondent-decree-holder had, on filed an application before the Subordinate Court for execution of the said decree.
5. That, it is most humbly submitted that the applicant runs a small Photo shop in the front portion of his house bearing No ____ and is a man of limited means. The applicant also has a very large family consisting of his wife, three children and parents and he is the only bread-winner of the family.
6. That, if the aforesaid decree is executed pending the disposal of the appeal, the applicant will be put to great inconvenience and hardship, as it would become next to impossible for him to maintain his large family.
7. That, in view of the aforementioned circumstances, it is just and necessary that this Hon’ble Court may be pleased to stay all proceedings in execution of the decree dated ________ passed by the Subordinate Judge’s Court, in O.S. No _____of until the appeal is finally disposed of.
                                                                                                                                                                                                                                                                                                                   DEPONENT
VERIFICATION
I the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.

Verified at New Delhi on this day ___of _________20__.
                                                                                                                                                                            DEPONENT

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