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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.
Guideline for Drafting a Petition for Leave under Order II, Rule 2 of the C.P.C.
1. Purpose and Use:
A Petition for Leave under Order II, Rule 2 of the Code of Civil Procedure (C.P.C.) is used to seek the court's permission to institute a subsequent lawsuit on the same cause of action. It's essential when a plaintiff wishes to file a new case related to the same facts and claims that could have been included in the initial lawsuit.
2. Correct Jurisdiction:
File the petition in the same court where the initial lawsuit was filed, as it pertains to the same cause of action.
3. Parties and Case Details:
Clearly identify the petitioner (the party seeking leave) and any respondents or opposing parties. Provide comprehensive information about the initial lawsuit, including its nature, parties, and relevant facts.
4. Grounds for Seeking Leave:
Explain the legal or factual grounds justifying the need for leave to file a subsequent lawsuit based on the same cause of action.
5. Supporting Affidavit and Documents:
Attach a sworn affidavit affirming the truth of the information provided in the petition. Include any relevant documents that support your request for leave.
Common Mistakes to Avoid:
Filing in the wrong jurisdiction or court.
Providing incomplete or inaccurate details about the initial lawsuit.
Not presenting clear and convincing grounds for seeking leave.
Neglecting to attach a supporting affidavit or necessary documents.
Using overly technical or legal language that may confuse the court.
Failing to serve notice to the opposing parties or respondents.
Not seeking legal advice when dealing with complex legal issues or when determining if leave is necessary.
Drafting a Petition for Leave under Order II, Rule 2 of the C.P.C. is important when a subsequent lawsuit arises from the same cause of action as the initial one. Avoiding common errors and consulting with legal professionals can help ensure that the petition is well-prepared and has the best chance of success in court.