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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.
An "Application under Order 34, Rule 6, C.P.C. (Code of Civil Procedure)" is drafted in mortgage suits when a party wishes to seek a preliminary decree for the foreclosure of a mortgage. Here are guidelines for drafting such an application:
Clear Identification: Clearly identify the mortgage suit and the parties involved, providing accurate case details and references.
Legal Grounds: Articulate the legal grounds for seeking a preliminary decree for foreclosure under Order 34, Rule 6, C.P.C., explaining the circumstances justifying the foreclosure.
Mortgage Details: Present comprehensive details about the mortgage, including the principal amount, interest rate, and any other relevant terms.
Prayer for Relief: Clearly state the relief sought, specifically requesting the court to pass a preliminary decree for foreclosure, outlining any additional orders required for the case.
Common mistakes to avoid:
Inadequate Mortgage Information: Ensure all necessary details about the mortgage agreement are included to prevent misunderstandings or omissions in the application.
Failure to Reference Legal Provisions: Accurately cite and reference Order 34, Rule 6, C.P.C., and any other relevant legal provisions, avoiding misinterpretation or objections based on legal inaccuracies.
Incomplete Parties: Identify and include all necessary parties involved in the mortgage suit to prevent procedural delays.
Neglecting Timelines: File the application within the prescribed timeline to adhere to procedural requirements and prevent objections based on delay.
By following these guidelines and avoiding common mistakes, the Application under Order 34, Rule 6, C.P.C. can effectively present the case for obtaining a preliminary decree for foreclosure in mortgage suits.