Scribd Logo
Upload

Welcome to Scribd!

  • 1 views

    Civil Revision Petition

    Uploaded by

    Launcher

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Civil Revision Petition

    Uploaded by

    Launcher
    1 views4 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1 views4 pages

    Civil Revision Petition

    Uploaded by

    Launcher

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 4

    IN THE HON’BLE HIGH COURT OF _______

    CIVIL APPELLATE JURISDICTION

    CIVIL REVISION NO.___ OF ____

    MEMO OF THE PARTIES

    Name &
    Address………………………………………………………. Appellant/Defendant

    Versus

    Name &
    Address………………………………………………………. (Respondent/Plaintiff)

    INDEX

    S. No. Description of Documents Page No.


    1. Court Fees
    2. Memo of Parties
    3. List of Dates and Events
    4. Revision Memo under Section 115 of the CPC, 1908.
    5. Impugned Order dated 15/07/2019
    6. Vakalatnama

    Place:
    Date : (Counsel for the Appellant)
    IN THE HON’BLE HIGH COURT OF _______

    CIVIL APPELLATE JURISDICTION

    CIVIL REVISION NO.___ OF ____

    Name &
    Address………………………………………………………. Appellant/Defendant

    Versus

    Name &
    Address………………………………………………………. (Respondent/Plaintiff)

    REVISION PETITION UNDER SECTION 115 OF THE CIVIL PROCEDURE CODE, 1908
    CHALLENGING THE ORDER PASSED ON _____IN THE CASE NO._____.

    The Appellant MOST RESPECTFULLY SHOWETH:

    1. That, the instant Revision Petition is filed by the Appellant under Section 115 of the Code of Civil
    Procedure (CPC), 1908 being aggrieved by the Order dated _______ passed by the Ld. Civil Judge,
    ______________, New Delhi in Civil Suit No. ________of 2019 seeking to set aside the same. The
    certified copy of the impugned order is annexed hereto and marked as Annexure A1.

    2. The Appellant seeks the intervention of the Hon’ble Court as the subordinate court had refused to
    summon two important witnesses who were determinant to the case. Without the court intervention,
    and thereby issuing an Order of Summons, there is no way that they would appear and answer on
    Oath. The non-appearance of the witness would lead to grave injury caused to the Appellant. Thus,
    this petition to direct the Subordinate Court to issue summons to the witness and thereby exercise the
    jurisdiction the court has.

    BRIEF FACTS OF THE CASE

    3. The money suit was filed by the Appellant on __________based on the contract entered into by
    the Plaintiff and the Defendant for jointly bidding a tender floated by the Public Sector Unit (PSU). It
    was agreed that the sale proceeds would be distributed equally to the bidders.

    4. The parties secured the tender in their favour for Rs.5,00,000 and the amount was credited to the
    Defendants account. But, the value of the tender would least amount to Rs. 10,00,000.

    5. The Defendant after receiving the sale proceeds informed the Plaintiff that he had accepted the
    tender for Rs. 5,00,000. When the Plaintiff enquired the Defendant as to why such low amounts
    were secured, the Defendant gave evasive response and never explained why such less amount was
    received, when clearly the value of movies is much higher. As per the terms and conditions of the
    contract half of the financial proceeds belong to the Plaintiff.

    6. That the trial court framed issues on 19/01/2019 and directed the Appellant to produce evidence,
    upon which the Appellant promptly furnished to the court below four witnesses making a request that
    the witness should be summoned by that Court.

    7. The Plaintiff listed 4 witnesses out of which there are 2 witnesses from the PSU.

    8. The Judge refused to entertain such a request and directed the Plaintiff to secure the attendance of
    the 2 PSU witnesses on his own.

    9. The Judge, after cross-examining the two other witnesses had passed an order to close the witness
    of the Plaintiff (order dated 15/07/2019).

    10. Two witness of the Appellant had appeared and their statements were recorded. However, the
    learned Presiding Officer of the court below passed an order that the remaining witnesses be
    produced by the Appellant -plaintiff on his own without seeking the assistance of the court. This
    order was passed despite a request by the Appellant that at least those witnesses named in the list
    who are State employees should be summoned by the court, as they are required to produce and
    prove some official records.

    GROUNDS:

    i. That on the date of hearing the learned trial court by the order impugned in this revision
    closed the evidence of the Appellant -plaintiff on the ground that the remaining witnesses
    were not produced by him.
    ii. That the impugned order has caused great prejudice to the Appellant and if the same is
    allowed to stand the Appellant’s suit is bound to fail.
    iii. The Judge has failed to exercise the powers granted to him under Order XVI, Rule I of the
    Civil Procedure Code, 1908.
    iv. That the trial court has unjustifiably denied assistance of the court to the Appellant -plaintiff
    to secure the attendance of his witnesses. The interests of justice demand that he is
    provided with all legal assistance in this regard.
    v. The purpose of summoning the two PSU witnesses has a great impact on the case. Only on
    them giving testimony can the rights of the parties be decided and the justice can be
    upheld and the real rights of the parties be decided.
    vi. That it is violative of the principles of natural justice and fair trial.
    11. The Plaintiff submits that all court fees have been paid.

    12. The Plaintiff submits that there is no appeal in the High Court or any other Court subordinate to
    it.

    PRAYER

    In the facts and circumstances discussed above the Appellant prays that this Hon’ble Court be
    pleased to

    1. Quash and set aside the order under revision.


    2. Direct the court below to provide assistance of the court for summoning the plaintiff-
    witnesses.

    And pass any such other orders as the court may deem fit and proper in the light of the given
    circumstances and thus render justice.

    Place: Appellant

    Date : (Counsel for the Appellant)

    You might also like