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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 an Application under Order 14, Rule 5 of the Code of Civil Procedure
Purpose:
An application under Order 14, Rule 5 of the CPC is utilized for the disposal of a suit without a full trial, based on admissions made by parties or on points of law or fact that do not require a full trial.
Usage:
Used when there are admissions on both sides that enable the court to determine the suit summarily.
Applicable when the facts are clear, and there is no genuine dispute necessitating a full trial.
Drafting Steps:
Title and Address: Title the application clearly and address it to the appropriate court handling the suit.
Parties Information: Provide complete details of the plaintiff(s), defendant(s), and any other relevant parties.
Case Details: Mention the case number, court name, and presiding judge.
Admissions or Points of Law/Fact: Clearly state the admissions made by parties or the points of law/fact that warrant disposal without a full trial.
Relief Sought: Specify the relief sought, i.e., the disposal of the suit under Order 14, Rule 5 CPC.
Legal Basis: Cite Order 14, Rule 5 CPC as the legal basis for the application.
Supporting Documents: Attach any supporting documents, such as affidavits or admissions on record.
Verification: End with a verification clause affirming the correctness of the contents.
Common Mistakes to Avoid:
Insufficient Admissions: Ensure that the admissions or points of law/fact are sufficient to dispose of the suit summarily.
Lack of Clarity: Clearly state the grounds for seeking disposal without a full trial.
Failure to Attach Supporting Documents: Provide all necessary documents to support the application.
Ignoring Procedural Requirements: Adhere strictly to the procedural requirements of Order 14, Rule 5 CPC.
By following these guidelines, you can effectively draft an application under Order 14, Rule 5 CPC, facilitating the expedited disposal of suits where a full trial is not required.