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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 9(2) CPC:
An Application under Order 22, Rule 9(2) of the Code of Civil Procedure (CPC) is used when the legal representative of a deceased party fails to apply to be substituted within the prescribed period. Follow these guidelines for effective drafting:
Clearly State the Purpose: Clearly articulate the purpose of the application, which is seeking condonation of the delay in applying for substitution of the legal representative of the deceased party.
Provide Legal Grounds: Clearly state the legal grounds justifying the delay and seeking condonation. Explain the reasons for the delay, demonstrating valid and reasonable causes.
Specify the Relevant Facts: Clearly present the facts surrounding the death of the party and the subsequent delay in applying for substitution. Include details such as the date of death and any efforts made to expedite the process.
Support with Affidavit: Support the application with an affidavit, sworn by a person with knowledge of the facts, attesting to the reasons for the delay and the efforts made to remedy the situation.
Common Mistakes to Avoid:
Vague or Ambiguous Grounds: Clearly define and articulate the grounds for condonation of delay. Vague or ambiguous statements may lead to confusion or dismissal.
Failure to Provide Legal Grounds: Clearly state the legal grounds justifying the delay. Failure to do so may weaken the application's merit.
Inadequate Supporting Documents: Ensure all relevant documents supporting the reasons for delay are attached. Inadequate documentation weakens the application's strength.
Neglecting the Affidavit Requirement: Attach a sworn affidavit to authenticate the facts. Neglecting this requirement may weaken the application's credibility.
By adhering to these guidelines and avoiding common mistakes, you can draft a comprehensive Application under Order 22, Rule 9(2) CPC, effectively seeking the court's condonation of delay in substituting the legal representative of a deceased party.