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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 Order 21, Rule 2(2), C.P.C.:
Title and Heading: Begin with a clear title, "Application under Order 21, Rule 2(2) of the Civil Procedure Code," specifying the court details, case number, and parties involved.
Introduction: Provide a concise introduction, outlining the purpose of the application. Such applications are used to seek execution of a decree for possession of immovable property.
Legal Basis: Clearly cite Order 21, Rule 2(2) of the Civil Procedure Code as the legal foundation for filing the application, emphasizing the need for execution of the decree and obtaining possession of the property.
Factual Background: Present a clear and comprehensive account of the facts leading to the application, specifying details of the decree, the property involved, and any relevant circumstances.
Relief Sought: Clearly state the relief sought, which is the execution of the decree for possession, and provide any additional details or conditions necessary for the court to grant the relief.
Common Mistakes to Avoid:
Inadequate Property Description: Clearly describe the immovable property subject to the decree, preventing ambiguity or disputes during execution.
Neglecting Legal Formalities: Familiarize yourself with procedural rules governing applications under Order 21, Rule 2(2), adhering strictly to timelines and requirements.
Failure to Provide Copy of Decree: Ensure that a certified copy of the decree is attached to the application, as it is a crucial document for the court to process the execution.
Incomplete or Incorrect Parties: Clearly identify all parties involved, including the decree-holder and the judgment debtor, avoiding confusion or procedural delays.
Lack of Notice to Opposing Party: Serve proper notice to the judgment debtor, informing them of the application and providing an opportunity to respond before the court decides on execution.
Applications under Order 21, Rule 2(2) are pivotal in securing possession of immovable property as per a court decree. Following these guidelines and avoiding common mistakes ensures that the application is legally robust, effectively communicates the need for execution, and contributes positively to the court's decision-making process.