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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 96 of the Code of Civil Procedure (C.P.C.):
Title and Heading: Begin with a clear title, "Application Under Section 96 of the Code of Civil Procedure," specifying the court details, case number, and parties involved.
Introduction: Provide a concise introduction, outlining the purpose of the application. Such applications are used to appeal against a decree passed by a civil court.
Legal Basis: Clearly cite Section 96 of the Code of Civil Procedure as the legal foundation for filing the application, emphasizing the right to appeal against a decree to a higher court.
Grounds for Appeal: Clearly state the grounds on which the appeal is being filed, indicating errors or irregularities in the decree that warrant reconsideration.
Relief Sought: Clearly state the relief sought, specifying whether the appellant is seeking a modification, reversal, or any other specific alteration to the original decree.
Common Mistakes to Avoid:
Late Filing: Ensure timely submission of the application, adhering to the statutory timelines for filing appeals under Section 96 to prevent dismissal on procedural grounds.
Failure to Identify Errors: Clearly identify and articulate the errors or irregularities in the decree, avoiding vague or generic statements that may weaken the appeal.
Neglecting Legal Formalities: Familiarize yourself with procedural rules governing appeals under Section 96, adhering strictly to timelines and requirements.
Inadequate Notice to Opposing Party: Serve proper notice to the opposing party, informing them of the application and providing an opportunity to respond before the higher court decides on the appeal.
Lack of Affidavit or Supporting Documents: Provide an affidavit supporting the application, affirming the facts, and include any additional supporting documents that strengthen the case for the appeal.
Applications under Section 96 C.P.C. are pivotal for seeking a higher court's review of a civil decree. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the grounds for appeal, and contributes positively to the appellate process.