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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 9, Rule 9, CPC:
An Application under Order 9, Rule 9 of the Code of Civil Procedure (CPC) is utilized when a party seeks to set aside the dismissal of a suit for default. Follow these guidelines for effective drafting:
Clearly State the Purpose: Articulate the purpose of the application ? setting aside the dismissal order under Order 9, Rule 9 CPC due to default.
Provide Valid Grounds: Clearly state valid grounds justifying the non-appearance, such as sufficient cause for the default, unavoidable circumstances, or procedural irregularities.
Include Supporting Affidavit: Support the application with a sworn affidavit providing detailed and truthful reasons for the default. Attach any relevant documents that substantiate the grounds.
Reference Legal Provisions: Clearly cite Order 9, Rule 9 of the CPC and any other applicable legal provisions or precedents supporting the application.
Common Mistakes to Avoid:
Vague or Ambiguous Grounds: Clearly define and articulate the grounds for setting aside the dismissal. Vague statements may lead to confusion or dismissal.
Inadequate Reasons for Non-Appearance: Ensure that the reasons provided for non-appearance are substantial and valid. Inadequate reasons may weaken the application.
Neglecting Supporting Affidavit: Support the application with a detailed and truthful affidavit. Neglecting this requirement may weaken the application's credibility.
Failure to Follow Court Requirements: Adhere to procedural requirements and timelines. Neglecting formalities may result in the rejection of the application.
By following these guidelines and avoiding common mistakes, you can draft a comprehensive Application under Order 9, Rule 9 CPC, effectively seeking the setting aside of the dismissal order due to default in appearance.