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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 38, Rule 5, CPC:
Heading and Title: Begin with a clear title, "Application under Order 38, Rule 5, CPC," specifying court details, parties involved, and case number.
Introduction: Provide a concise introduction, outlining the purpose of the application under Order 38, Rule 5, such as seeking security before judgment due to the defendant's potential to dispose of assets.
Factual Background: Present a brief and clear account of the facts leading to the need for security and explain how the defendant's actions pose a risk to the satisfaction of the decree.
Legal Basis: Clearly cite Order 38, Rule 5, CPC, as the legal authority for seeking security before judgment and explain why it is necessary in the given circumstances.
Prayer for Relief: Specify the relief sought, emphasizing the amount and nature of security required, and highlight its connection to the potential loss or disposal of assets.
Common Mistakes to Avoid:
Vague Allegations: Ensure the application provides specific and factual details about the defendant's actions that necessitate seeking security.
Lack of Legal Basis: Clearly identify the legal basis for seeking security under Order 38, Rule 5, avoiding vague references.
Incomplete Details: Include all relevant details about the case, the potential risk, and the specific assets at risk.
Ignoring Procedural Rules: Adhere strictly to procedural rules and timelines, avoiding any oversight that may hinder the court's prompt consideration.
Failure to Establish Urgency: Clearly articulate the urgency and irreparable harm that would result without the grant of security before judgment.
By following these guidelines and avoiding common mistakes, a well-drafted Application under Order 38, Rule 5, CPC can effectively secure assets before judgment in situations where the defendant's actions may jeopardize the satisfaction of the decree.