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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 Section 9 of the Code of Civil Procedure:
An Application under Section 9 of the Code of Civil Procedure (CPC) is filed to seek the jurisdiction of a civil court when there is a dispute for which no other specific legal remedy is provided. Follow these guidelines for effective drafting:
Clearly Define the Dispute: Clearly articulate the nature of the dispute and why it requires the intervention of a civil court under Section 9 of the CPC.
Specify Relief Sought: Clearly state the relief sought from the court, whether it is a declaration of rights, specific performance, or any other appropriate remedy.
Provide Legal Basis: Reference Section 9 of the CPC and any other relevant legal provisions or precedents supporting the application.
Include Supporting Affidavit: Support the application with a sworn affidavit providing details about the dispute, facts, and the urgency or irreparable harm that necessitates court intervention.
Common Mistakes to Avoid:
Vague Dispute Description: Clearly define and articulate the specific details of the dispute. Vague descriptions may lead to confusion or dismissal.
Inadequate Legal Basis: Ensure the legal basis for seeking court intervention is robust. Inadequate legal support may weaken the application.
Insufficient Supporting Affidavit: Provide a comprehensive affidavit with sufficient details supporting the urgency and gravity of the dispute. An insufficient affidavit may impact the court's decision.
Ignoring Court Procedures: Adhere to procedural requirements and court-specific formats for such applications. Ignoring formalities may result in the rejection of the application.
By adhering to these guidelines and avoiding common mistakes, you can draft a comprehensive Application under Section 9 of the CPC, effectively seeking the intervention of a civil court in a dispute where no specific legal remedy is provided.