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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 26, Rule 13, CPC:
An application under Order 26, Rule 13 of the Code of Civil Procedure (CPC) is utilized in civil proceedings to seek the appointment of a local commissioner for the purpose of making a local investigation or examination. Follow these guidelines for effective drafting:
Clearly Specify Purpose: Clearly state the purpose for which the local commissioner is sought, whether it's for investigation, examination, or other specific tasks. Provide detailed reasons justifying the necessity of the commissioner's appointment.
Define Scope of Investigation: Clearly outline the scope of the investigation or examination required. Specify the areas, issues, or facts that the commissioner needs to investigate, ensuring a focused and purposeful appointment.
Identify Commissioner: Suggest the name and qualifications of a suitable person to be appointed as the commissioner. Ensure that the proposed commissioner has the expertise required for the specific task.
Propose Terms of Reference: Provide clear and detailed terms of reference for the commissioner. Clearly articulate the responsibilities, powers, and limitations of the commissioner during the course of the investigation.
Common Mistakes to Avoid:
Vague or Ambiguous Requests: Clearly specify the purpose and scope of the investigation without ambiguity. Ambiguous requests may lead to misunderstandings and ineffective investigations.
Failure to Justify Necessity: Clearly justify the necessity of appointing a commissioner. Failure to provide adequate reasons may result in the rejection of the application.
Ignoring Procedural Rules: Familiarize yourself with procedural rules governing the appointment of commissioners. Failure to adhere to these rules may lead to delays or rejection of the application.
Incomplete Documentation: Ensure all relevant documents supporting the need for a commissioner are attached. Incomplete documentation may weaken the application's merit.
By adhering to these guidelines and avoiding common mistakes, you can draft a robust application under Order 26, Rule 13 CPC, facilitating the appointment of a local commissioner for an effective and focused investigation in civil proceedings.