MODEL DRAFT

IN THE COURT OF THE DISTRICT MUNSIFF MAGISTRATE

LA. No.---------/2002

in

O.P. No. ----/2001

Between:

P Sriram Prasad,
S/o. Malia Rao:
Aged: 35 years, Occ Business
R/o------------
Petitioner/Paint

Versus

D. Swamynathan,
S/o Sasidhar,
Aged: 45 years, Occ Proprietor
Swamy Chit Funds & Finance,
R/o------ Defendant

PETITION SUBMITTED FOR ARREST THE DEFENDANT BEFORE JUDGMENT

May it please your Worship:

The above named Petitioner/Plaintiff begs to state on oath as follows:

1. That the petitioner is a small businessman.

2. That the defendant came to this village just two years back and started the chit
fund and finance business under name and style of Swamy Chit Funds & Finance
He induced the businessmen employees to join in his chit funds on attractive
terms. Several people joined as the members of the chit funds, and some of them
invested their amounts as deposits in his business.
3. That the petitioner was also one of the persons so induced by the defendant. He
joined as a member in a chit, subscribing Rs 1,000/- for 50 months He participated
in the auction and succeeded in getting the chit amount of Rs. 50,000-for Rs
35,000/-in the month of December 1997 The defendant demanded security The
petitioner fulfilled his demand, and provided security in the same month But the
defendant did not pay the amount He has been evading the payment on one
pretext or the other.

4. That the petitioner came to know that the defendant has been evading the
payment to other subscribers also. Suspected his conduct and character the
petitioner filed a suit against the defendant in this honourable Court, vide suit No
123/2001.

5. That following the petitioner, other subscribers also filed suits against him for
recovery of auctioned sums in the honourable Court Some other persons who
deposited their amounts filed suits in this Honourable Court, and are pending for
disposal.

6. That it is humbly submitted that the petitioner reliably comes to know that the
defendant sent all monies to his native place.

7. That it is also authentically learnt that the defendant is planning to abscond from
this town, and to go to his native place to avoid the payments, and court
proceedings. If he is allowed to leave the local limits of the jurisdiction of this
honourable Court, it becomes impossible to implement the decrees passed by this
honourable Court It causes huge loss and inconvenience to this petitioner/
plaintiff, and to the other petitioners who filed suits against him.

8. That the Petitioner/Plaintiff is ready to pay subsistence allowance for defendant

for the period of his arrest and detention as per court decision. The plaintiff-
 petitioner, therefore, prays the Honourable Court to be pleased to pass an order
for the arrest of the defendant before judgment.

Place: Prayed,

Date: Sd/-xxxx

(P. SRIRAM PRASAD)

--Petitioner/Plaintiff--
Petition drawn by me:

Sd/-

Advocate for Petitioner/Plaintiff

Verification: L. P Sriram Prasad, S/o. Malla Rao, aged 35 years, Occ: Business, R/o.---------
the Petitioner/Plaintiff declare that what is stated in the paras 1 to 8 is true and correct to
the best of my knowledge and belief.

Sd/-xxxx
Place:
(P SRIRAM PRASAD)
Dale:
Petitioner/Plaintiff
Model Draft
IN THE COURT OF THE DISTRICT MUNSIFF MAGIS RATE

I.A. No... 2019

in

O.P.No ... 123/2018

Between:

P. Sriram Prasad,
Slo. Malla Rao,
Aged: 35 years, Occ: Business,
Ro.
..Deponent/Plaintiff

Versus

D. Swamynathan,
Slo. Sasidhar,
Aged: 45 years, Occ: Proprietor,
Swamy Chit Funds & Finance,
R/o.
..Defendant.

AFFIDAVIT

I, P Sriram Prasad, Slo. Malla Rao aged 35 years, Occ Business, R/o the deponent
herein, do hereby solemnly affirm and state on oath as follows.

1. That I am the plaintiff in O.P No. 123/2001 and Petitioner in I A. No.-------/2018,

and I am fully aware and acquainted with the facts stated in the petition

2. That I have filed O P No 123/2001 for the recovery of sum Rs 35,000/-from the
defendant! There are also some other suits pending before this honourable Court against
him.
3. That I reliably learnt that the defendant sent all the monies of the plaintiff and
other persons from this village to his native place, and now plans to abscond from this
village. If he is allowed to do so. it causes huge loss and inconvenience to this deponent
and other persons I filed a petition for the arrest and detention of the defendant before
the judgment.

4. That I am ready to pay the subsistence allowance

5. That the facts stated above are true and correct to the best of my belief and
knowledge

Place Sd/- xxx

Date (P SRIRAM PRASAD)

Deponent

Attestation: The Deponent solemnly affirmed and stated on oath before me that he read
the contents of this affidavit and admitted the contents to be true and correct, and
signed on the affidavit before me on this the ------------the day of June, 2015 at---------------
---------.Hence attested.

Sd/-xxxx

ATTESTING ADVOCATE