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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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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 Application under Order 34, Rule 3(1):
An Application under Order 34, Rule 3(1) of the Code of Civil Procedure (CPC) is used in mortgage suits to seek permission for the sale of mortgaged property without instituting a separate suit. Follow these guidelines for effective drafting:
Clearly State the Purpose: Clearly articulate the purpose of the application, which is to seek the court's permission for the sale of mortgaged property without initiating a separate suit.
Provide Legal Basis: Clearly state the legal basis for seeking such permission under Order 34, Rule 3(1) of the CPC. Reference relevant laws or precedents that support the application.
Specify the Reason for Sale: Clearly specify the reasons for seeking the sale, such as non-payment of the mortgage amount, and demonstrate the necessity for an expedited process.
Include Details of Property: Provide detailed information about the mortgaged property, its location, and any other relevant details.
Common Mistakes to Avoid:
Vague or Ambiguous Purpose: Clearly define and articulate the purpose of the application. Vague or ambiguous statements may lead to confusion or dismissal.
Failure to Provide Legal Basis: Clearly state the legal grounds justifying the application under Order 34, Rule 3(1). Failure to do so may weaken the application's merit.
Neglecting to Specify Reasons for Sale: Clearly specify and justify the reasons for seeking the sale without initiating a separate suit. Lack of clarity may affect the application's success.
Inadequate Details of Property: Ensure all relevant details about the mortgaged property are provided. Inadequate information may impact the court's decision.
By adhering to these guidelines and avoiding common mistakes, you can draft a comprehensive Application under Order 34, Rule 3(1) CPC, effectively seeking the court's permission for the sale of mortgaged property without instituting a separate suit.