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GUIDELINE

Guidelines for Drafting Application Under Order 11, Rule 12 of the Code of Civil Procedure (C.P.C.):

Title and Heading: Begin with a clear title, "Application Under Order 11, Rule 12 of the Code of Civil Procedure," specifying the court details, case number, and parties involved.

Introduction: Provide a concise introduction, outlining the purpose of the application. Applications under Order 11, Rule 12 are used to seek discovery of documents from the opposing party in a civil case.

Legal Basis: Clearly cite Order 11, Rule 12 of the Code of Civil Procedure as the legal foundation for filing the application, emphasizing the right to obtain relevant documents for the proceedings.

Specify Documents Sought: Clearly specify the documents you are seeking from the opposing party, ensuring relevance to the case and aligning with the information needed for a fair trial.

Reasons for Discovery: Present valid reasons why the discovery of these documents is necessary for the case, demonstrating their importance in establishing facts or supporting legal arguments.

Common Mistakes to Avoid:

Overly Broad Requests: Avoid making overly broad requests for documents. Be specific about the documents needed to prevent unnecessary disputes and delays.

Failure to Serve Proper Notice: Serve proper notice to the opposing party, informing them of the application and providing an opportunity to respond before the court decides on the discovery request.

Neglecting Legal Formalities: Familiarize yourself with procedural rules governing applications under Order 11, Rule 12, adhering strictly to timelines and requirements.

Lack of Clarity in Language: Use clear and precise language in formulating the request, avoiding ambiguity that may lead to misinterpretation.

Failing to Consider Privileged Documents: Exercise caution in requesting documents that may be legally privileged. Be aware of and respect any legal privileges that may apply to certain documents.

Applications under Order 11, Rule 12 are essential for obtaining necessary documents during the discovery process in civil cases. Following these guidelines and avoiding common mistakes ensures that the application is legally robust, effectively communicates the need for discovery, and contributes positively to the proceedings.

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