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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
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.
Guidelines for Drafting Application under Order 23, Rule 3 read with Section 151 CPC for Recording Compromise:
Title and Heading: Begin with a clear title, "Application under Order 23, Rule 3 read with Section 151 CPC for Recording Compromise," specifying the court details, case number, and parties involved.
Introduction: Provide a concise introduction, outlining the purpose of the application. Such applications are used to seek the court's approval and recording of a compromise between the parties to a suit.
Legal Basis: Clearly cite Order 23, Rule 3 of the Civil Procedure Code and Section 151 CPC as the legal foundation for filing the application, emphasizing the need for the court's endorsement of the compromise.
Details of Compromise: Present a clear and comprehensive account of the terms and conditions of the compromise, specifying the agreement reached by the parties involved.
Relief Sought: Clearly state the relief sought, which is the court's approval and recording of the compromise, and provide any additional details or conditions necessary for the court's consideration.
Common Mistakes to Avoid:
Incomplete Compromise Details: Ensure that all terms and conditions of the compromise are clearly articulated, preventing ambiguity or disputes in the future.
Neglecting Legal Formalities: Familiarize yourself with procedural rules governing applications under Order 23, Rule 3, adhering strictly to timelines and requirements.
Failure to Attach Compromise Deed: Include a copy of the compromise deed with the application, as it is a crucial document for the court to review and consider.
Inadequate Notice to Opposing Party: Serve proper notice to all parties involved, informing them of the application and providing an opportunity to respond before the court decides on approving the compromise.
Lack of Affidavit Supporting Application: Provide an affidavit supporting the application, confirming the voluntariness of the compromise and the absence of coercion or undue influence.
Applications under Order 23, Rule 3 are essential for formalizing compromises in legal disputes. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the terms of the compromise, and contributes positively to the court's decision-making process.