Revision Petition (Civil) [Sample]

 

BEFORE THE HON’BLE High Court of _______

Civil Appellate Jurisdiction

Civil Revision No…………………… of 2017

                  

MEMO OF PARTIES

 

IN THE MATTER OF:

Mr. Khan S/o Mr. Mohammad Khan R/o Bhagwati Colony, Premnagar, Meerut                       …Petitioner

Versus

Mr. Ali S/o Mr. Saif Ali R/o Baanshi Apartment, Panditwadi, Merrut                                              …Respondent

 

PLACE: ________                                                                                                                                              (Debolina Roy)

DATED: _______

COUNSEL FOR THE PETITIONER

 

Petition under Section 114 of Civil Procedure Code, 1908 for setting aside the order dated _______ (Annexure R-3) whereby the Court exceeded its pecuniary jurisdiction;

                               AND/OR

To pass any other order or direction which this Hon’ble Court may deem fit in the facts and circumstances of the present case.

                             —

May it please the Hon’ble Chief Justice, High Court of Allahabad and his companion Justices.

The petitioner MOST RESPECTFULLY SHOWETH:

  1. That the petitioner is a resident of Bhagwati Colony, Premnagar, Meerut and has rented the property from Mr. Saif details of which are attached with the plaint ( Annexure R-1).
  2. That there is a valid rent agreement between the petitioner and Mr. Saif according to which the petitioner has made the rent due for every month without any default (Annexure R-2).
  3. That the respondent put to notice the transfer of property and started claiming rent on the ground that he now has the right to enjoy all the benefits being the new owner.
  4. That the petitioner refused to pay the rent on the ground that the rent agreement was between the petitioner and Mr. Saif.
  5. That the petitioner was never given any information regarding the sale of the property by Mr. Saif.
  6. That the respondent sent a legal n0otice to the petitioner to the reply of which the petitioner refused to pay the rent.
  7. That the respondent instituted a suit before the Hon’ble Civil Judge Class II, Meerut for eviction of property and payment of the rent due.
  8. That on being summoned the petitioner appeared before the court below and filed his written statement wherein the petitioner raised objections regarding the jurisdiction of the lower court.
  9. That the petitioner raised the objection on the valuation of the property that it was underrated as compared to the actual market price and hence the lower court did not have pecuniary jurisdiction over the matter.
  10. That the Hon’ble Civil Judge did not pay heed to the objections raised by the petitioner and passed an order.
  11. That the impugned order dated ________ passed by learned Civil Judge is illegal, arbitrary and is liable to be set aside on the following grounds:

Grounds

  1. That the Hon’ble Court of Civil Judge while passing the impugned order failed to appreciate the objection raised by the petitioner in the written statement and framed issues and proceeded with the matter.
  2. That the Hon’ble Court of Civil Judge failed to appreciate the fact that the property mentioned in the plaint was undervalued than the prevailing market price.
  3. That it is also pertinent to mention that the petitioner also filed an application under 30C (when case filed in UP) again raising the objection that the lower court does not have the jurisdiction and therefore is not authorised to entertain the suit.
  4. That the petitioner on the previous date of hearing that is __/__/2017, informed the lower court that he will file a revision application before this Hon’ble High Court.
  5. That the impugned order has caused great prejudice to the petitioner and if the same is allowed to stand the petitioner’s claim is bound to fail.
  6. The interests of justice demand that he is provided with all legal assistance in this regard.
  7. That the petitioner has not earlier filed any such or similar petition either in this Hon’ble Court or in the Hon’ble Supreme Court.

In view of the above, it is, most magnanimously prayed that the instant civil revision petition may kindly be accepted and the impugned judgment dated __/__/2017 (i.e. Annexure R-3) passed by Hon’ble Court of Civil Judge, respectively be set aside, and decree the suit of the petitioner as prayed for, in the interest of justice.

Any other order or direction which this Hon’ble Court may deem fit in the facts and circumstances of the present case may also kindly be passed in favour of the petitioner and against the respondent.

 

 

PLACE: _________                                                                                                                                      (Debolina Roy)

DATED: _______

COUNSEL FOR THE PETITIONER

 

 

 

 

BEFORE THE HON’BLE High Court of ________

Civil Appellate Jurisdiction

Civil Revision No…………………… of 2017

 

IN THE MATTER OF:

Mr. Khan                                                                                          …Petitioner

Versus

Mr. Ali                                                                                              …Respondent

 

I N D E X

Sr.

No.

Particulars Date Pages Court

Fee

1. Civil Revision ../../2017
2. Affidavit in support thereof ../../2017
3. Annexure R/1 – Property details
4. Annexure R/2 – Rent agreement between Petitioner and Mr. Saif
5. Annexure P/3 – Impugned Order ../../2017
6. Power of attorney

 

 

 

 

PLACE: ________                                                                                                                                          (Debolina Roy)

DATED: _______

COUNSEL FOR THE PETITIONER

 

 

 

BEFORE THE HON’BLE High Court of _________

Civil Appellate Jurisdiction

Civil Revision No…………………… of 2017

 

IN THE MATTER OF:

Mr. Khan                                                                                          …Petitioner

Versus

Mr. Ali                                                                                              …Respondent

 

COURT FEE AFFIXED

—————————————————–

——————————————————

 

 

 

 

PLACE: __________                                                                                                                                      (Debolina Roy)

DATED: _______

COUNSEL FOR THE PETITIONER

 

 

 

BEFORE THE HON’BLE High Court of __________

Civil Appellate Jurisdiction

Civil Revision No…………………… of 2017

 

IN THE MATTER OF:

Mr. Khan                                                                                          …Petitioner

Versus

Mr. Ali                                                                                              …Respondent

 

Affidavit of Mr. Khan S/o Mr. Mohammad Khan R/o Bhagwati Colony, Premnagar, Meerut.

I the above-named deponent do hereby solemnly affirm and declare as under: –

  1. That the deponent is filing the accompanying petition which is likely to succeed on the grounds taken therein.

 

  1. That the deponent is well conversant with the facts of the present case and as such he is entitled to file the present affidavit.

 

  1. That the deponent has read and understood the enclosed petition and the same may be read as part and parcel of the present affidavit.

 

  1. That no such similar petition is filed by the present petitioner before this Hon’ble Court or before the Hon’ble Supreme Court of India.

 

  1. That the deponent may kindly be exempted from filing the certified copies of Annexures R-1 & R-2. It is also prayed that the petitioner be exempted from filing true typed copy of Annexure R-3. However, true copies of the same have been attached to the present petition.

 

 

 

 

PLACE: _____________

DATED:  ../../2017                                                                                                                                                    DEPONENT

 

 

 

 

 

 

 

 

 

Verification

Verified that the contents of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therein.

 

 

 

PLACE: _____________

DATED: ../../2017                                                                                                                                      DEPONENT

 

 

Debolina Roy

Debolina is a final year law student at UPES, Dehradun. She aspires to become a litigator. Being an envrionmentalist she aims at serving and taking steps for preserving the environment. She lives by the motto of 'Nation First' and aims at bringing change for the benefit of our country.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.