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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.
An application under Order 34, Rule 8(3) of the Code of Civil Procedure (CPC) is utilized in mortgage suits to seek the appointment of a Commissioner for the sale of mortgaged property. Here are key guidelines for drafting such an application:
Specificity: Clearly state the relief sought, specifying the need for a Commissioner's appointment for the sale of mortgaged property as per the provisions of Order 34, Rule 8(3) CPC.
Grounds for Request: Provide comprehensive grounds justifying the necessity of a Commissioner, such as complexities in valuation or difficulties in securing a fair sale.
Details of the Property: Include detailed information about the mortgaged property, its location, and any unique features relevant to the sale.
Legal Basis: Ground the application in the relevant legal provisions of Order 34, Rule 8(3) CPC, referencing applicable precedents to strengthen your case.
Common mistakes to avoid:
Incomplete Information: Ensure all relevant details regarding the property and circumstances justifying a Commissioner's appointment are thoroughly provided to prevent delays or rejections.
Failure to Comply with Rules: Adhere strictly to the procedural requirements outlined in Order 34, Rule 8(3) CPC to avoid procedural objections or dismissal.
Lack of Supporting Documents: Include necessary documents supporting the application, such as property documents, valuation reports, and any other evidence relevant to the request.
Ignoring Timelines: Submit the application within the prescribed timeline to comply with court deadlines and prevent issues related to delay.
By following these guidelines and avoiding common mistakes, your application under Order 34, Rule 8(3) CPC will be more likely to receive favorable consideration for the appointment of a Commissioner in mortgage suits.