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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 Security under Order XXXVIII, Rule 9
Purpose:
Security under Order XXXVIII, Rule 9 of the CPC is provided by a defendant to the plaintiff as a guarantee for payment of any decree that may be passed against them in a suit for a pecuniary sum.
Usage:
Employed when a plaintiff requests security from the defendant to safeguard against the risk of non-payment of a potential decree.
Utilized in cases where the defendant is likely to dispose of their assets or abscond to avoid payment.
Drafting Steps:
Title and Court Details: Clearly title the security document and address it to the appropriate court handling the suit.
Party Information: Provide complete details of both the plaintiff and the defendant.
Case Details: Mention the case number, court name, and the nature of the suit.
Amount of Security: Specify the amount of security to be provided by the defendant, usually determined by the court.
Nature of Security: Describe the form of security accepted, such as cash deposit, bank guarantee, or surety bond.
Duration of Security: Specify the duration for which the security will remain in force, usually until the final disposal of the suit.
Consequences of Default: Outline the consequences of the defendant's failure to provide or maintain the security, such as dismissal of defenses or striking out pleadings.
Verification: End with a verification clause affirming the correctness of the contents.
Common Mistakes to Avoid:
Inadequate Amount: Ensure the security amount is sufficient to cover the potential decree amount and costs.
Failure to Specify Form of Security: Clearly specify the acceptable forms of security to avoid ambiguity.
Ignoring Court Orders: Adhere strictly to any court orders or directions regarding the provision of security.
Lack of Clarity: Ensure the document is clear and unambiguous to prevent misinterpretation.
By following these guidelines, one can effectively draft security under Order XXXVIII, Rule 9 CPC, providing assurance for the payment of a potential decree and safeguarding the plaintiff's interests.