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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 9, Rule 4 C.P.C.:
Introduction: Clearly identify the court, parties involved, and the nature of the case for which the application under Order 9, Rule 4 of the Code of Civil Procedure (C.P.C.) is being filed.
Grounds for Non-Appearance: State the valid reasons for the non-appearance of the defendant in the court proceedings. This may include factors like unavoidable circumstances, lack of notice, or genuine misunderstanding.
Supporting Affidavit: Attach a sworn affidavit affirming the truth of the grounds stated for non-appearance. The affidavit should be signed before a competent authority like a notary public.
Relevant Documents: Submit any relevant documents supporting the claim of non-appearance, such as postal receipts, medical certificates, or any communication proving lack of notice.
Prayer for Setting Aside Default: Clearly express the prayer for setting aside the default judgment or order due to the defendant's non-appearance, and request a fresh opportunity to present the case.
Common Mistakes to Avoid:
Inadequate Explanation: Ensure a detailed and convincing explanation for the non-appearance. Vague or insufficient reasons may lead to rejection.
Delay in Filing: File the application promptly after becoming aware of the default judgment. Delay may affect the court's decision on setting aside the judgment.
Lack of Affidavit: Always include a supporting affidavit. Failure to provide sworn testimony may weaken the credibility of the application.
Ignoring Legal Requirements: Be aware of procedural requirements and legal standards. Non-compliance with the rules may lead to rejection of the application.
Failure to Attend Subsequent Hearings: If the application is successful, make sure to attend subsequent court hearings to avoid a similar situation.
By following these guidelines and avoiding common mistakes, the Application Under Order 9, Rule 4 C.P.C. becomes a well-drafted document, increasing the chances of success in setting aside a default judgment.