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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guideline for Drafting Application Under Order 23, Rule 1 C.P.C.:
An application under Order 23, Rule 1 of the Civil Procedure Code (C.P.C.) is used when a plaintiff wishes to withdraw a suit or part of a claim, or seeks permission to file a fresh suit. Here's a concise guide for drafting this application:
Title and Identification: Clearly title the document as "Application Under Order 23, Rule 1 C.P.C." Include the names of the parties, case number, and court details.
Introduction and Background: Begin with a brief introduction, stating the purpose of the application. Provide background details of the case, including the date of filing and the nature of the claims.
Reason for Withdrawal: Clearly state the reason for seeking withdrawal of the suit or claim. If seeking permission to file a fresh suit, explain why it is necessary and justifiable.
Legal Grounds: Reference Order 23, Rule 1 of the C.P.C., emphasizing the legal grounds for the application and how the requirements are met.
Prayer for Relief: Clearly articulate the relief sought, whether it is permission to withdraw the suit, part of the claim, or to file a fresh suit.
Common Mistakes to Avoid:
Vague Reasons: Clearly state specific reasons for withdrawal or filing a fresh suit to avoid ambiguity and ensure the court understands the rationale.
Incomplete Case Details: Provide comprehensive background details and context to support the application, preventing misunderstandings.
Neglecting Legal Provisions: Ensure strict compliance with the provisions of Order 23, Rule 1 C.P.C., including any procedural requirements.
Ignoring Potential Costs: Address any potential cost implications, including court fees or compensation to the defendant, if applicable.
Lack of Signature and Verification: Ensure the application is signed and verified by the applicant or their legal representative, confirming the authenticity of the claims.
This application is used in civil litigation to manage the strategic withdrawal of claims or to seek the court's permission for procedural changes. By following these guidelines and avoiding common mistakes, a well-drafted application under Order 23, Rule 1 C.P.C. enhances the likelihood of obtaining the desired judicial relief.