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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 for Ad-Interim Stay under Order 39, Rules 1 & 2, Read with Section 151 C.P.C.:
Heading and Title: Begin with a clear title, "Application for Ad-Interim Stay under Order 39, Rules 1 & 2, Read with Section 151 C.P.C.," specifying court details, parties involved, and case number.
Introduction: Provide a concise introduction, explaining the urgent need for an ad-interim stay order. Order 39, Rules 1 & 2 deal with the grant of temporary injunctions.
Legal Basis: Clearly cite Order 39, Rules 1 & 2, and Section 151 of the Civil Procedure Code as the legal foundation for filing the application, emphasizing the urgency and necessity for an ad-interim stay.
Factual Background: Present a brief but comprehensive account of the facts leading to the application, outlining the irreparable harm or injustice that would occur without the ad-interim stay.
Grounds for Stay: Clearly state the grounds for seeking the ad-interim stay, providing convincing arguments and evidence to support the application.
Common Mistakes to Avoid:
Vague Allegations: Ensure specificity in describing the grounds for the ad-interim stay, avoiding vague or broad statements that may lead to misunderstandings.
Ignoring Legal Basis: Clearly articulate the legal provisions supporting the ad-interim stay, preventing misunderstandings regarding the court's jurisdiction to grant temporary injunctions.
Lack of Urgency: Clearly demonstrate the urgency in seeking the ad-interim stay, emphasizing the irreparable harm that would occur without immediate intervention.
Neglecting Notice Requirements: If required by the court, ensure proper notice is served to the opposing party, allowing them an opportunity to respond to the application before the court decides on the ad-interim stay.
Incomplete Application: Include all necessary details in the application, such as the names of parties, relevant facts, and the specific orders sought, to avoid procedural complications.
Applications for ad-interim stay under Order 39, Rules 1 & 2, read with Section 151 C.P.C., are used in civil cases to urgently prevent imminent harm or injustice. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the urgency, and contributes positively to the court's decision-making process.