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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 Affidavit Under Order 9, Rule 13 of C.P.C.:
An affidavit under Order 9, Rule 13 of the Civil Procedure Code (C.P.C.) is used to set aside an ex parte decree. Here's a concise guide for drafting this affidavit:
Title and Identification: Clearly title the document as "Affidavit Under Order 9, Rule 13 C.P.C." Include names of the deponent (the person making the affidavit), case number, and court details.
Introduction and Background: Begin with a brief introduction, identifying the deponent and their relation to the case. Provide background details, including the date of the ex parte decree.
Reasons for Non-Appearance: Clearly state the reasons for the deponent's non-appearance in court, which led to the ex parte decree. These should be genuine and justifiable reasons, such as lack of proper notice, illness, or other unavoidable circumstances.
Meritorious Defense: Briefly outline the meritorious defense or valid grounds for contesting the suit, demonstrating that the deponent has a legitimate case to present.
Prayer for Relief: Clearly articulate the relief sought, requesting the court to set aside the ex parte decree and allow the deponent to present their case.
Common Mistakes to Avoid:
Vague Reasons: Clearly state specific reasons for non-appearance to avoid ambiguity and ensure the court understands the genuine nature of the circumstances.
Incomplete Background Information: Provide comprehensive background details and context to support the application, preventing misunderstandings.
Neglecting Legal Provisions: Ensure strict compliance with the provisions of Order 9, Rule 13 C.P.C., including any procedural requirements.
Ignoring Timeliness: File the affidavit promptly after becoming aware of the ex parte decree to avoid questions of undue delay.
Lack of Signature and Verification: Ensure the affidavit is signed and verified by the deponent, confirming the authenticity of the claims.
This affidavit is used in civil litigation to seek the setting aside of an ex parte decree, allowing the affected party to contest the case. By following these guidelines and avoiding common mistakes, a well-drafted affidavit under Order 9, Rule 13 C.P.C. enhances the likelihood of obtaining the desired judicial relief.