An application under Order 21, Rule 41 of the Civil Procedure Code (CPC) is filed by a decree-holder to compel a judgment-debtor to disclose their assets and income under oath. It is an effective pre-execution or mid-execution legal tool used to uncover hidden properties and bank accounts before enforcing a money decree. [1, 2, 3, 4] 


The format below can be adapted and presented to the executing court. [5] 


BEFORE THE [Name of the Court, e.g., Hon’ble District Judge] COURT AT [City/District Name]
Execution Petition No. [_______] of 202[__]InCivil Suit / Original Petition No. [_______] of 202[__]


IN THE MATTER OF:


[Name of the Decree-Holder][Address/Details of the Decree-Holder]… Decree-Holder / Applicant


VERSUS


[Name of the Judgment-Debtor][Address/Details of the Judgment-Debtor]… Judgment-Debtor / Respondent


APPLICATION UNDER ORDER 21, RULE 41 OF THE CODE OF CIVIL PROCEDURE, 1908
FOR DISCLOSURE OF ASSETS AND INCOME OF THE JUDGMENT-DEBTOR
THE APPLICANT / DECREE-HOLDER ABOVE NAMED MOST RESPECTFULLY SHOWETH:

1. That the Applicant has filed the accompanying Execution Petition for the execution of the Judgment and Decree dated [Date of Decree] passed by this Hon’ble Court in the above-mentioned suit, whereby a sum of [Amount of Decree] was decreed in favor of the Applicant and against the Respondent / Judgment-Debtor.
2. That the aforesaid decree has remained unsatisfied and unexecuted for a period of more than thirty days from the date of the decree, and the total outstanding amount recoverable along with interest is [Outstanding Amount].
3. That the Respondent / Judgment-Debtor is intentionally avoiding the execution of the decree and is concealing his assets, properties, and sources of income to evade the lawful dues of the Applicant.
4. That it is highly essential for the realization of the decretal amount to ascertain the exact financial standing and the details of the movable and immovable properties owned by the Respondent / Judgment-Debtor.
5. That the Respondent / Judgment-Debtor has in his special knowledge the particulars of all his assets and income, and therefore, the Applicant is moving this present application for a direction to the Judgment-Debtor to make an affidavit disclosing the same.
6. That this application is being filed bona fide and in the interests of justice. [1, 2, 6, 7, 8] 

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:


a) Direct the Respondent / Judgment-Debtor to state on oath/affidavit the particulars of all his assets, bank accounts, investments, and sources of income within a stipulated time fixed by this Court;

b) Summon the Respondent / Judgment-Debtor for oral examination regarding his properties and means of satisfying the decree, if deemed necessary by this Hon’ble Court;c) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. [2, 9, 10] 

APPLICANT / DECREE-HOLDERTHROUGH COUNSEL[Advocate Name and Signature]
PLACE: [City]DATE: [DD/MM/YYYY]

AFFIDAVIT
(To accompany the application)
IN THE COURT OF [Name of the Court]
Execution Petition No. [_______] of 202[__]
IN THE MATTER OF:[Name of the Decree-Holder] … Decree-HolderVERSUS[Name of the Judgment-Debtor] … Judgment-Debtor [11, 12] 
I, [Name of the Applicant/Decree-Holder], aged about [__] years, residing at [Address], do hereby solemnly affirm and declare on oath as under:

1. That I am the Decree-Holder in the above-mentioned matter and am well conversant with the facts and circumstances of the case, and as such, I am competent to swear this affidavit.
2. That the statements made in paragraphs 1 to 6 of the accompanying application under Order 21, Rule 41 of CPC are true and correct to the best of my knowledge and belief. [13, 14, 15] 

DEPONENT


VERIFICATION
I, the deponent above named, do hereby verify that the contents of this affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom. [16] 
Verified at [City] on this [Date] day of [Month, Year].


DEPONENT

Note: Upon successful allowance of this application, the court typically requires the Judgment-Debtor to file a formal comprehensive affidavit (often based on the format prescribed under local High Court rules—like Annexure A1 for individual assets) containing detailed disclosures of their bank balances, real estate, vehicles, and directorships in companies. Failure to obey this directive can lead to detention in a civil prison. [2, 11, 17, 18] 

More information on 99888-17966.

[1] https://www.mcolegals.in/kb/Application-under-Order-21-Rule-41-in-matters-of-execution-of-decree.pdf
[2] https://www.scribd.com/document/814361892/O-21-R-41-2-In-Execution-proceedings-Application-to-call-for-details-of-assets-of-the-judgment-debtor
[3] https://jajharkhand.in/wp-content/uploads/2023/03/Training_Manual_for_execution.pdf
[4] https://legaleagleweb.com/articalsdetail.aspx?newsid=48
[5] https://cdnbbsr.s3waas.gov.in/s3ec030655f117444fc1911ab9c6f6b013/uploads/2024/06/2024062630.pdf
[6] https://www.highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/high_court_rules/vol-I-pdf/chap12partEV1.pdf
[7] https://ushavatsassociates.in/how-can-a/
[8] https://highcourtchd.gov.in/landmark_judgments/HC/English/LPA_13_1952.pdf
[9] https://www.scribd.com/document/855780342/Legal-Method
[10] https://indiankanoon.org/doc/28323/
[11] https://judicialacademy.nic.in/sites/default/files/Judgment-Bhandari.pdf
[12] https://www.scribd.com/document/888450639/CPC-UNIT-2
[13] https://lawvs.com/drafts/the-execution-petition-on-behalf-of-decree-holder-79
[14] https://lawvs.com/drafts/execution-petition-for-execution-of-decree-order-judgment-306
[15] https://lawvs.com/drafts/application-on-behalf-of-the-applicant-decree-holder-under-order-21-rule-37-and-38-read-with-section-151-of-c-p-c-301
[16] https://ceoodisha.nic.in/Affidavit/AC/005/AC005_Benudhar%20Mahapatra.PDF
[17] https://www.advocatekhoj.com/library/agreements/civilprocedurecode/130.php
[18] https://www.writinglaw.com/order-21-rule-41-cpc/