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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 Section 145 of the Code of Civil Procedure (CPC):
An application under Section 145 CPC is used in cases involving disputes over the possession of immovable property. It allows the concerned court to order the local police to intervene and restore possession to the party entitled. Follow these guidelines for effective drafting:
Clearly Identify the Property: Clearly identify the immovable property in question, providing details such as location, boundaries, and relevant descriptions.
Specify Parties Involved: Clearly mention the parties involved in the possession dispute, including the applicant and the opposing party. Provide accurate details to avoid confusion.
Present Grounds for Dispute: Clearly state the grounds on which the possession is disputed. Provide a summary of facts highlighting the possession-related issues.
Provide Supporting Documents: Attach relevant documents supporting the applicant's claim to possession. This may include title deeds, lease agreements, or any other evidence substantiating the right to possession.
Common Mistakes to Avoid:
Vague Property Identification: Avoid vague or ambiguous property descriptions. Precisely identify the disputed property to prevent confusion.
Incomplete Parties Information: Ensure comprehensive details about the parties involved. Incomplete information may complicate the resolution process.
Failure to Clearly Articulate Grounds: Clearly articulate the grounds for possession dispute. Ambiguous or unclear grounds may impact the court's understanding of the matter.
Neglecting Legal Formalities: Familiarize yourself with procedural rules under Section 145 CPC. Neglecting legal formalities may hinder the court's intervention in the possession dispute.
By adhering to these guidelines and avoiding common mistakes, you can draft a robust application under Section 145 CPC, facilitating a swift and effective resolution of possession disputes through court-ordered intervention and police assistance.