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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 37, Rule 1, CPC ? Suit for Recovery of Amount Based on a Negotiable Instrument:
This application is utilized when a plaintiff seeks a summary judgment for the recovery of a specified amount based on a negotiable instrument, like a promissory note. Follow these guidelines for effective drafting:
Clearly Specify Relief Sought: Clearly articulate the relief sought, which is usually the recovery of a specific sum of money based on the terms of a negotiable instrument.
Provide Details of the Instrument: Clearly specify the details of the negotiable instrument, including its date, amount, and terms. Attach a copy of the instrument as an exhibit.
Quantify the Claim: Clearly state the exact amount claimed, including any interest or charges as per the terms of the negotiable instrument.
Include Affidavit of Debt: Support the application with an affidavit of debt, providing a sworn statement attesting to the accuracy and validity of the claim.
Common Mistakes to Avoid:
Ambiguous Relief Sought: Clearly define and articulate the relief sought in quantifiable terms. Ambiguous claims may lead to confusion or dismissal.
Inadequate Instrument Details: Ensure that all details of the negotiable instrument are accurately specified. Inadequate information may impact the court's decision.
Failure to Quantify the Claim: Clearly state the exact amount claimed, avoiding vague or imprecise quantification. Ambiguities may affect the credibility of the claim.
Lack of Supporting Affidavit: Support the application with a detailed and truthful affidavit. 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 37, Rule 1, CPC for the summary recovery of a specified amount based on a negotiable instrument, expediting the legal process.