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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 Proclamation Requiring Attendance of Witness:
A Proclamation Requiring Attendance of Witness is utilized under Section 61 of the Code of Civil Procedure (CPC) when a court seeks to compel the appearance of a witness who has failed to attend despite being duly summoned. Follow these guidelines for effective drafting:
Clearly Identify the Witness: Clearly state the name and details of the witness for whom the proclamation is issued. Include relevant information such as the witness's last known address.
Specify Non-Attendance Reason: Clearly articulate the grounds for issuing the proclamation, emphasizing the witness's failure to attend court despite being duly summoned. Provide details on whether the witness was duly served with the summons.
Include Court Details: Provide comprehensive details about the court proceedings, case number, and relevant dates. Clearly mention the importance of the witness's testimony to the proceedings.
Adhere to Procedural Formalities: Ensure strict compliance with the procedural rules outlined in Section 61 CPC. Adherence to these rules is crucial for the validity and enforceability of the proclamation.
Common Mistakes to Avoid:
Vague or Incomplete Information: Avoid providing vague or incomplete details about the witness or the reasons for issuing the proclamation. Clarity is essential for the court to consider the proclamation.
Failure to Establish Non-Attendance: Clearly demonstrate that the witness was duly summoned and has failed to attend. Failure to establish non-attendance may impact the court's decision.
Neglecting Proper Documentation: Ensure all necessary court documents, including the witness summons and proof of service, are attached. Neglecting documentation may weaken the proclamation's effectiveness.
Ignoring Legal Formalities: Familiarize yourself with legal requirements and procedural rules under Section 61 CPC. Neglecting these formalities may hinder the court's issuance of the proclamation.
By adhering to these guidelines and avoiding common mistakes, you can draft a comprehensive Proclamation Requiring Attendance of Witness under Section 61 CPC, increasing the likelihood of successfully compelling the witness's appearance in court.