SPECIMEN FORM OF REVISION
In the High Court of……………………Civil Appellate Jurisdiction
Civil Revision No…………………… of 20….
IN THE MATTER OF:
ABC S/o…………………… R/o…………………………Petitioner
Versus
XYZ S/o……………………R/o……………………… Respondent
AND
IN THE MATTER OF: CIVIL REVISION AGAINST THE ORDER
DATED…………………… PASSED BY THE LEARNED
SUB-JUDGE, IST CLASS…………………… IN THE SUIT ENTITLED ABC -
VS.- XYZ (CIVIL SUIT NO. …………………… OF 20….)
May it please the Hon'ble Chief Justice, High Court of…………………… and
his companion Justices.
The petitioner MOST RESPECTFULLY SHOWETH:
A. That the petitioner named above has filed a suit against the
respondents for the recovery of possession of a house situated
in……………………, fully described in the plaint. The suit ispending in
the court of Sub-Judge Ist Class…………………… and the next date of
hearing is……………………
B. That on being summoned the respondent appeared before the court
below and filed his written statement wherein he denied the petitioner's
title set up in the suit property.
C. That the trial court framed issues on……………… and directed the
petitioner (plaintiff) to produce evidence, upon which the petitioner
promptly furnished to the court below a list of witnesses and also
deposited their diet expenses etc., making a request that the witness be
summoned by that Court.
D. That on a previous date of hearing that is……………………, 200…, two
witness of the petitioner 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
petitioner-plaintiff on his own without seeking the assistance of the
court. This order was passed despite a request by the petitioner that at
least those witness 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.
E. That on the next date of hearing the learned trial court by the order
impugned in this revision closed the evidence of the petitioner-plaintiff
on the ground that the remaining witnesses were not produced by him.
F. That the impugned order has caused great prejudice to the petitioner
and if the same is allowed to stand the petitioner's suit is bound to fail.
G. That the trial court has unjustifiably denied assistance of the court to the
petitioner-plaintiff to secure the attendance of his witnesses. The interests of
justice demand that he is provided with all legal assistance in this regard.
In the facts and circumstances discussed above the petitioner prays that this
Hon'ble Court be pleased to quash and set aside the order under revision and
direct the court below to provide assistance of the court for summoning the
plaintiff-witnesses.
PETITIONER
AFFIDAVIT
In the High Court of……………………Civil Appellate Jurisdiction
Civil Revision No…………………… of 20….
IN THE MATTER OF:
ABC S/o…………………… R/o…………………………Petitioner
Versus
XYZ S/o……………………R/o……………………… Respondent
I, ____________________________, Wife of _____________, Daughter of ______
__________________________ , aged______ years, resident of
_______________ , do hereby solemnly affirm and state as follows:
1. That I am the petitioner in the Civil Miscellaneous Petition and
the Civil Revision Petition referred to above. The deponent herein
is well acquainted with the facts and circumstances of the case
and being so, stands fully competent to swear to this affidavit.
The deponent herein will be referred to as the petitioner
hereinafter.
2. That the petitioner named above has filed a suit against the
respondents for the recovery of possession of a house situated
in……………………, fully described in the plaint. The suit is pending in
the court of Sub-Judge Ist Class…………………… and the next date of
hearing is……………………
3. That on being summoned the respondent appeared before the court
below and filed his written statement wherein he denied the petitioner's
title set up in the suit property.
4. That the trial court framed issues on……………… and directed the
petitioner (plaintiff) to produce evidence, upon which the petitioner
promptly furnished to the court below a list of witnesses and also
deposited their diet expenses etc., making a request that the witness
be summoned by that Court.
5. That on a previous date of hearing that is……………………, 200…, two
witness of the petitioner 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
petitioner-plaintiff on his own without seeking the assistance of the
court. This order was passed despite a request by the petitioner that at
least those witness 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.
6. That on the next date of hearing the learned trial court by the order
impugned in this revision closed the evidence of the petitioner-plaintiff
on the ground that the remaining witnesses were not produced by him.
7. That the impugned order has caused great prejudice to the petitioner
and if the same is allowed to stand the petitioner's suit is bound to fail.
8. That the trial court has unjustifiably denied assistance of the court to
the petitioner-plaintiff to secure the attendance of his witnesses. The
interests of justice demand that he is provided with all legal assistance
in this regard.
In the facts and circumstances discussed above the petitioner prays
that this Hon'ble Court be pleased to quash and set aside the order
under revision and direct the court below to provide assistance of the
court for summoning the plaintiff-witnesses.
DEPONENT
VERIFICATION
Verified at on this the _____ day of ,20__ that the contents of the
above affidavit are true and correct to the best of my knowledge,
belief and information and nothing material has been concealed
therefrom.
REGISTERED ADDRESS OF THE PETITIONER
In the High Court of……………………Civil Appellate Jurisdiction
Civil Revision No…………………… of 20….
IN THE MATTER OF:
ABC S/o…………………… R/o…………………………Petitioner
Versus
XYZ S/o……………………R/o……………………… Respondent
Registered Address
at……………………………………………………………………………………
……………..
Lucknow PETITIONER
Dated :
