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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 26, Rule 9 read with Section 151 CPC:
An application under Order 26, Rule 9 of the Code of Civil Procedure (CPC), read with Section 151, is employed when a court-appointed commissioner's report requires clarification, modification, or supplementation. This application is often used in cases where additional details or corrections are needed to enhance the accuracy of the commissioner's findings. Follow these guidelines for an effective application:
Clearly Specify Amendments Required: Clearly outline the specific modifications or additions sought in the application. Provide detailed reasons for the necessary changes to the commissioner's report.
Attach Supporting Documents: Support your application with relevant documents or evidence justifying the need for amendments. Ensure that the additional information aligns with the original scope of the commissioner's assignment.
Compliance with Timelines: File the application within the stipulated time frame. Adhering to court timelines is crucial, and delays may impact the court's decision on whether to allow the amendments.
Invoke Section 151 Judiciously: If invoking Section 151 for inherent powers of the court, clearly explain why it is necessary. Ensure that the requested amendments go beyond the scope of Order 26, Rule 9.
Common Mistakes to Avoid:
Vague or Ambiguous Requests: Clearly specify the amendments required without ambiguity. Vague requests may lead to confusion and may be rejected by the court.
Excessive Amendments: Request only necessary amendments. Avoid seeking modifications that go beyond rectifying errors or omissions in the commissioner's report.
Non-compliance with Court Procedures: Familiarize yourself with procedural rules. Failure to comply with court procedures, such as notice to the opposite party, may result in the rejection of the application.
Lack of Supporting Justification: Ensure that your application provides a comprehensive justification for the amendments. Inadequate reasoning may weaken the credibility of your request.
By following these guidelines and avoiding common mistakes, you can improve the chances of the court granting your application under Order 26, Rule 9 read with Section 151 CPC, leading to a more accurate and comprehensive commissioner's report in the proceedings.