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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 8(1) CPC:
An Application under Order 34, Rule 8(1) of the Code of Civil Procedure (CPC) is used in mortgage suits. It allows the court to pass a decree for the sale of the mortgaged property if the mortgage amount is not paid. Follow these guidelines for effective drafting:
Clearly State Relief Sought: Clearly articulate the relief sought, which is usually a decree for the sale of the mortgaged property due to non-payment of the mortgage amount.
Provide Details of the Mortgage: Present a detailed description of the mortgage, including the date of the mortgage, parties involved, and terms and conditions of the mortgage agreement.
Specify Default Amount: Clearly state the default amount and provide calculations if necessary. This amount typically includes the principal sum and any accrued interest.
Support with Affidavit: Support the application with an affidavit, verifying the facts stated in the application. The affidavit should be sworn by a person with knowledge of the mortgage and default.
Common Mistakes to Avoid:
Ambiguous Relief Sought: Avoid vague or ambiguous statements regarding the relief sought. Clearly define the request for a decree for the sale of the mortgaged property.
Incomplete Mortgage Details: Provide comprehensive details of the mortgage agreement. Failure to do so may lead to confusion about the terms and conditions.
Inaccurate Default Amount: Ensure the default amount is accurately calculated and clearly stated. Inaccuracy may lead to complications during legal proceedings.
Neglecting 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 34, Rule 8(1) CPC, seeking a decree for the sale of the mortgaged property due to non-payment.