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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 Section 151, C.P.C.:
Heading and Title: Begin with a clear title, "Application under Section 151, C.P.C.," specifying court details, parties involved, and case number.
Introduction: Provide a concise introduction, explaining the purpose of the application. Section 151 allows the court to take actions necessary for the ends of justice when there is no specific provision in the code.
Legal Basis: Clearly cite Section 151 of the Civil Procedure Code as the legal foundation for filing the application, emphasizing the necessity for the court's inherent powers to address unforeseen or exceptional situations.
Factual Background: Present a brief but comprehensive account of the facts leading to the application, outlining the circumstances that justify invoking the court's inherent powers.
Relief Sought: Clearly state the relief sought, specifying the actions or orders necessary under Section 151 to ensure a fair and just resolution of the matter.
Common Mistakes to Avoid:
Failure to Specify Relief: Clearly articulate the relief sought in the application, avoiding ambiguity or generalized statements that may hinder the court's understanding.
Neglecting Legal Basis: Ensure a clear reference to Section 151 as the legal foundation, preventing misunderstandings regarding the court's jurisdiction to exercise inherent powers.
Ignoring Procedural Rules: Familiarize yourself with procedural rules governing applications under Section 151, adhering strictly to timelines and requirements.
Lack of Justification: Clearly present the circumstances justifying the application under Section 151, demonstrating its necessity for the ends of justice.
Neglecting Notice Requirements: If required by the court, ensure proper notice is served to the other party, allowing them an opportunity to respond to the application before the court makes any orders under Section 151.
Applications under Section 151, C.P.C. are used in civil cases to address unforeseen situations or fill gaps where specific provisions are lacking. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the need for invoking inherent powers, and contributes positively to the court proceedings.