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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 22, Rule 3, CPC:
An Application under Order 22, Rule 3 of the Code of Civil Procedure (CPC) is utilized when a party wishes to bring on record the legal representatives of a deceased party in a pending suit. Follow these guidelines for effective drafting:
Clearly State the Purpose: Clearly articulate the purpose of the application - bringing the legal representatives of the deceased party on record in the pending suit.
Provide Details of Deceased Party: Clearly specify the details of the deceased party, including their name, date of death, and relationship to the pending suit.
Include Names of Legal Representatives: Clearly list and provide details of the individuals who are proposed to be substituted as legal representatives of the deceased party.
Reference Legal Provisions: Clearly cite Order 22, Rule 3 of the CPC and any other relevant legal provisions or precedents supporting the application.
Common Mistakes to Avoid:
Incomplete Information: Ensure all details regarding the deceased party and the proposed legal representatives are accurately specified. Incomplete information may lead to confusion or dismissal.
Failure to Comply with Timelines: Adhere to the timelines prescribed by the court for filing such applications. Failure to do so may result in the rejection of the application.
Neglecting Supporting Affidavit: Support the application with a sworn affidavit providing details about the death and the proposed legal representatives. Neglecting this requirement may weaken the application's credibility.
Ignoring Court Procedures: Adhere to procedural requirements and court-specific formats for such applications. Ignoring formalities may result in the rejection of the application.
By following these guidelines and avoiding common mistakes, you can draft a comprehensive Application under Order 22, Rule 3 CPC, facilitating the substitution of legal representatives and ensuring the continuation of the pending suit after the demise of a party.