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Court Application Format in India — Templates Download

A Court Application is a formal written request filed before a civil court seeking a specific order, direction, or interim relief in a pending or proposed proceeding. In India, applications are used at every stage of litigation — from adjournments and interim injunctions to appointment of commissioners and grant of succession certificates. Whether you are a litigant, advocate, or legal professional, download Court Application formats covering all major civil procedure needs in ready-to-file editable formats.

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What is Court Application Format?

A Court Application is a written, formal request submitted to a competent civil court seeking a specific order or relief — such as adjournment, interim injunction, attachment before judgment, appointment of a commissioner, or restoration of a dismissed suit. It is the procedural vehicle through which litigants approach the court for incidental, interlocutory, or substantive reliefs during a suit.

Civil applications are primarily governed by the Code of Civil Procedure, 1908 (CPC). Key provisions include Order XXXIX Rules 1 and 2 (temporary injunctions), Order XXXVIII Rule 5 (attachment before judgment), Order XXVI (commissions), Order IX Rule 9 and Rule 13 (restoration of dismissed suit or setting aside ex parte decree), Order XVI (summons to witnesses), and Order XVII (adjournments). Where no specific provision applies, the court may exercise its inherent powers under Section 151 CPC.

For testamentary matters, an application for a Succession Certificate is governed by Sections 370 to 390 of the Indian Succession Act, 1925, and filed before the District Judge having jurisdiction.

Every application must clearly state the cause title, the provision under which it is filed, the facts in numbered paragraphs, the relief sought, and a verification. Most applications must be supported by a separate affidavit under Order XIX CPC. The application is admissible as a court record under the Bharatiya Sakshya Adhiniyam, 2023.

When This Format Required?

Seeking interim relief during a pending civil suit — temporary injunction, attachment before judgment, appointment of receiver, or interim maintenance.

Procedural reliefs such as adjournment, issue of summons to witnesses, production of documents, amendment of pleadings under Order VI Rule 17 CPC, and impleadment of parties.

Restoration and revival of dismissed suits under Order IX Rule 9 CPC and setting aside ex parte decrees under Order IX Rule 13 CPC.

Standard rent fixation under State Rent Control Acts and Tenancy Acts.

Testamentary and succession matters — applications for Succession Certificate under the Indian Succession Act, 1925 and probate or letters of administration.

Inherent powers of the court — under Section 151 CPC for any relief not specifically covered.

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Quick Overview

Court Applications in India are primarily governed by the Code of Civil Procedure, 1908, especially Orders VI, VII, IX, XXVI, XXXVIII, XXXIX, and Section 151 (inherent powers). Specific applications such as Succession Certificate are governed by the Indian Succession Act, 1925. Most applications do not require stamp paper but attract a small court fee under the State Court Fees Act. They run 2–4 pages and are usually supported by an affidavit.

Step-by-Step Guide

  1. 1

    Cause Title and Court Heading

    Begin with the name of the court (e.g., "In the Court of the Civil Judge, Senior Division, ___"), the suit number, year, and the names and addresses of the plaintiff and defendant. Add a clear heading describing the application, such as "Application under Order XXXIX Rules 1 and 2 CPC for Temporary Injunction".

  2. 2

    Statutory Provision and Subject Line

    State the exact provision of law under which the application is being filed. This anchors the relief sought to a recognised legal basis and helps the court process it correctly.

  3. 3

    Brief Facts of the Case

    Set out the relevant background of the suit and the specific circumstances that justify the present application in short numbered paragraphs. Avoid repeating the entire plaint — focus on what is necessary for the relief.

  4. 4

    Grounds for Relief

    List specific grounds in numbered paragraphs. Each ground must establish either (i) urgency, (ii) prima facie case, (iii) balance of convenience, or (iv) irreparable injury — the four factors examined by courts in most interlocutory applications.

  5. 5

    Prayer Clause

    Clearly set out the relief sought — for example, "to grant a temporary injunction restraining the defendant from alienating the suit property" or "to issue summons to the witness named in the schedule".

  6. 6

    Verification, Affidavit, and Court FeeOrder V CPC

    Add the verification at the foot, attach a supporting affidavit on stamp paper duly notarised, affix the prescribed court fee, and serve copies on all opposite parties as required under .

Types of Court Application Format

Application for Adjournment

Filed to seek postponement of a scheduled hearing under Order XVII CPC for sufficient cause such as illness, advocate's unavailability, or pending documents.

Application for Interim Injunction

Filed under Order XXXIX Rules 1 and 2 CPC seeking a temporary restraint against the opposite party to preserve the subject matter during pendency of the suit.

Application for Attachment Before Judgment

Filed under Order XXXVIII Rule 5 CPC to attach the defendant's property where there is reason to believe the defendant may dispose of it to defeat the decree.

Application for Appointment of Court Commissioner

Filed under Order XXVI CPC seeking appointment of a commissioner to make a local inspection, examine accounts, or record evidence on commission.

Application for Restoration / Setting Aside Ex Parte

Filed under Order IX Rule 9 (restoration of dismissed suit) or Rule 13 (setting aside ex parte decree) with a separate affidavit showing sufficient cause.

Application for Succession Certificate

Filed under Sections 370 to 390 of the Indian Succession Act, 1925 before the District Judge to obtain authority to inherit debts and securities of a deceased person.

Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.