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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.
Drafting an "Application under Order 39, Rules 1 and 2, read with Section 151 CPC for Grant of Ad-Interim Ex-Parte Injunction" is crucial in civil litigation when seeking urgent and immediate court intervention to restrain a party from taking certain actions pending a final decision. Here are guidelines for drafting such an application:
Clear Identification: Clearly identify the parties involved, the nature of the dispute, and the specific actions requiring restraint.
Urgency and Irreparable Harm: Articulate the urgency of the matter and demonstrate how the delay in granting an injunction would cause irreparable harm to the applicant.
Legal Grounds: Clearly state the legal grounds for seeking the injunction, citing relevant provisions of Order 39, Rules 1 and 2, and Section 151 of the CPC.
Detailed Affidavit: Accompany the application with a detailed affidavit supporting the grounds for seeking an ad-interim ex-parte injunction.
Common mistakes to avoid:
Vague Allegations: Clearly articulate the grounds, facts, and legal basis for seeking the injunction to avoid ambiguity or misinterpretation.
Insufficient Evidence: Provide necessary documentary evidence or affidavits to substantiate the urgency and potential irreparable harm.
Failure to Mention Notice: If applicable, clearly state reasons justifying the request for an ex-parte injunction without prior notice to the opposing party.
Non-compliance with Court Rules: Adhere to the prescribed format and rules of the court to prevent rejection or delays due to procedural errors.
By adhering to these guidelines and avoiding common mistakes, a well-drafted application for an ad-interim ex-parte injunction under Order 39, Rules 1 and 2, read with Section 151 CPC, can effectively secure immediate court intervention in urgent situations.