An application under Order 21 Rule 40 of the Code of Civil Procedure (CPC), 1908, is a written request filed by a decree-holder asking the executing court to inquire into a judgment-debtor’s ability to pay and subsequently commit them to civil prison for failing to pay a money decree. [1, 2] 

Key Components of the Application

The application must contain:

• Case Details: Suit number, names of parties, and date of the decree.
• Execution Data: Information on any appeals pending and the total amount due.
• Judgment-Debtor Details: Name of the person against whom execution is sought.
• The Prayer: A request for the arrest and detention of the debtor for non-satisfaction of the money decree.
• Evidence: The decree-holder must present evidence (or offer to) demonstrating why the judgment-debtor should be committed to prison. [1, 2] 

Structure/Format Outline

1. Court Information: [Name of Court, e.g., In the Court of the District Judge, Delhi]
2. Case Number: [Execution Petition No. ___ of ___ in Suit No. ___ of ___]
3. Parties: [Name], Decree-Holder vs. [Name], Judgment-Debtor
4. Title: Application Under Order 21 Rule 40 read with Section 51 of the CPC
5. Facts:

• State that a decree was passed on [Date].
• State that notice under Order 21 Rule 37 was issued (if applicable).
• State that the debtor failed to show cause for non-payment.

6. Prayer: “It is, therefore, prayed that this Hon’ble Court be pleased to direct the detention of the Judgment-Debtor in civil prison and issue a warrant of arrest under Order 21 Rule 40 of the CPC.”
7. Signature/Verification: [Decree-Holder/Counsel] [1, 2, 3, 4] 

Next Steps

• Inquiry: Upon appearance of the debtor, the court will hear the decree-holder and take evidence.
• Interim Orders: The court may order the debtor to be detained in custody or released upon security pending the inquiry. [1] 

Note: This is a general guide. Specific forms can vary based on local court rules.


More on 99888-17966

[1] https://www.writinglaw.com/order-21-rule-40-cpc/
[2] https://cdnbbsr.s3waas.gov.in/s3ec030655f117444fc1911ab9c6f6b013/uploads/2024/06/2024062630.pdf
[3] https://devgan.in/cpc/cpc_appendices.php
[4] https://lexibal.com/drafting-civil-plaint-sections-case-laws/