An application under Order 21 Rule 37 of the CPC is filed by a decree-holder to request that the court issue a show-cause notice to the judgment-debtor, asking why they should not be arrested and detained in civil prison for failing to satisfy a money decree. This application must be accompanied by an affidavit stating the grounds for arrest. [1, 2, 3, 4, 5] 


Format of Application Under Order 21 Rule 37 CPC


IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, [Name of Place]Ex. No. __________ of 20___InC.S. No. __________ of 20___ [1, 2, 3, 6] 


In the matter of:[Name of Decree Holder] …Applicant/Decree HolderVersus[Name of Judgment Debtor] …Respondent/Judgment Debtor


APPLICATION ON BEHALF OF THE DECREE HOLDER UNDER ORDER XXI RULE 37 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR ISSUANCE OF WARRANT OF ARREST AGAINST THE JUDGMENT DEBTOR. [1] 


MOST RESPECTFULLY SHEWETH:

1. That the applicant/decree-holder filed a suit for recovery of money, which was decreed in favor of the applicant on [Date] by this Hon’ble Court, ordering the judgment-debtor to pay a sum of ₹__________.
2. That the judgment-debtor has failed to comply with the said decree, and the entire amount (or part thereof) remains unpaid.
3. That the judgment-debtor has the means to pay the decretal amount but is willfully avoiding payment and intending to abscond or obstruct the execution of the decree.
4. That, therefore, it is just and necessary that a show-cause notice be issued under Order XXI Rule 37 of the CPC, directing the judgment-debtor to appear and show cause why he should not be committed to civil prison. [1, 3, 7, 8] 

PRAYER

It is, therefore, prayed that this Hon’ble Court may be pleased to:a) Issue a notice under Order XXI Rule 37 to the judgment-debtor to show cause against detention in civil prison;b) Pass an order for the arrest and detention of the judgment-debtor in civil prison if he fails to satisfy the decree. [1, 3, 4] 


Applicant/Decree HolderThrough CounselPlace: __________Date: __________ [3] 

Supporting Affidavit [3] 


IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, [Name of Place]Ex. No. __________ of 20___ [3] 


IN THE MATTER OF:[Name of Decree Holder] …Applicant/Decree HolderVersus[Name of Judgment Debtor] …Respondent/Judgment Debtor [2, 3] 

AFFIDAVITI, [Name of Deponent], S/o [Father’s Name], aged _____ years, R/o [Address], do hereby solemnly affirm and declare as under:

1. That I am the Decree Holder in the above-noted case and am well-acquainted with the facts.
2. That the contents of the accompanying application are true and correct to the best of my knowledge and belief.
3. That the judgment-debtor has sufficient means to pay the decretal amount.
4. That the judgment-debtor is intentionally dodging the execution of the decree. [1, 3, 9] 

DEPONENT
VERIFICATIONVerified at [Place] on this [___] day of [Month, Year], that the contents of this affidavit are true to my knowledge and nothing has been concealed. [9] 
DEPONENT

Key Requirements

• Means Enquiry: If the debtor appears, the court will conduct a inquiry to establish if they have the means to pay.
• Subsistence Allowance: The decree-holder must pay a subsistence allowance, as determined by the court, to the officer in charge of the jail for the debtor’s maintenance.
• No Arrest without Notice: A warrant of arrest is typically issued only after a show-cause notice is served and the debtor fails to appear or fails to show why they should not be imprisoned. [1] 

More on 99888-17966

[1] https://cdnbbsr.s3waas.gov.in/s3ec01a0ba2648acd23dc7a5829968ce53/uploads/2026/01/2026012253-1.pdf
[2] https://delhihighcourt.nic.in/files/2024-04/courtrulefile_e6va2gcv.pdf
[3] https://legalquery.in/node/287
[4] https://indiankanoon.org/search/?formInput=Order+XXI+Rule+37+of+CPC&pagenum=2
[5] https://supremetoday.ai/search/disputed-show-cause-notice-order-21-rule-37-cpc
[6] https://devgan.in/cpc/cpc_appendices.php
[7] https://www.casemine.com/search/in/condonation%2Bof%2Bdelay%2Bmoney%2Bsuit
[8] https://indiankanoon.org/doc/1678815/
[9] https://www.kanoonihelp.com/static/documents/Under%20Order%20XXI,%20rule%2037%20of%20the%20Code%20of%20Civil%20Procedure,%201908%20Notice.pdf