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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.
An "Application under Section 144 of the Code of Civil Procedure for Restitution of Property" is drafted to seek the restoration of possession or property that has been wrongfully taken away or disposed of during legal proceedings. Here are guidelines for drafting such an application:
Clear Identification: Clearly identify the applicant, the opposing party, and the specific property or possession for which restitution is sought.
Legal Grounds: Clearly state the legal grounds under Section 144 CPC, explaining how the property was wrongfully taken and the legal right to seek restitution.
Facts and Chronology: Provide a concise and chronological account of events leading to the dispossession or loss of property, enabling the court to understand the context.
Prayer for Relief: Explicitly state the relief sought ? restitution of the property ? and any consequential orders necessary for a complete remedy.
Common mistakes to avoid:
Vague Allegations: Clearly articulate the grounds, facts, and legal basis for seeking restitution to avoid ambiguity or misinterpretation.
Insufficient Evidence: Support the application with necessary documents, affidavits, or evidence proving the dispossession and the rightful claim to the property.
Failure to Prove Rightful Possession: Clearly establish lawful possession before dispossession, emphasizing the legal entitlement to restitution.
Non-compliance with Timelines: File the application within the statutory limitation period to prevent dismissal on grounds of delay.
By adhering to these guidelines and avoiding common mistakes, a well-drafted Application under Section 144 CPC for Restitution of Property can effectively secure court intervention to restore possession or property wrongfully taken during legal proceedings.