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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 21, Rule 97 of the Code of Civil Procedure
Purpose:
An application under Order 21, Rule 97 of the CPC is utilized for setting aside or confirming a sale conducted through court-ordered execution, typically in cases of property auctions or sales to recover debts.
Usage:
Employed when a party wishes to challenge the legality or fairness of a sale conducted under court orders.
Applicable in cases where there are irregularities or procedural errors in the conduct of the sale.
Drafting Steps:
Title and Address: Clearly title the application and address it to the appropriate court where the sale took place.
Parties Information: Provide complete details of the applicant(s), judgment debtor(s), auction purchaser(s), and the executing court.
Case Details: Mention the case number, court name, and the presiding judge.
Sale Details: Describe the details of the sale, including the property or assets sold, date of sale, and sale price.
Grounds for Application: Clearly state the grounds for seeking to set aside or confirm the sale, citing any irregularities, procedural errors, or legal objections.
Relief Sought: Specify the relief sought, i.e., setting aside or confirming the sale, and any ancillary relief requested.
Legal Basis: Cite Order 21, Rule 97 CPC as the legal basis for the application.
Supporting Documents: Attach any supporting documents, such as affidavits, sale notices, and sale proclamation.
Common Mistakes to Avoid:
Incomplete Information: Ensure all relevant details about the sale and grounds for application are provided.
Missing Legal Basis: Clearly cite the relevant legal provisions and procedural rules.
Failure to Attach Supporting Documents: Provide all necessary documents to support the application.
Ignoring Timelines: Adhere to the prescribed timelines for filing the application and serving notices.
By adhering to these guidelines, you can effectively draft an application under Order 21, Rule 97 CPC, to challenge or confirm a sale conducted through court-ordered execution, ensuring fairness and legal compliance.