Civil Revision Petition Under Section 115 CPC: High Court Format & Drafting Guide

In the matter of:

Mr./Ms. ______________________________
Age: ____ years, Occupation: ____________
Address: __________________________________________
_________________________________________________

...Petitioner

VERSUS

Mr./Ms. ______________________________
Age: ____ years, Occupation: ____________
Address: __________________________________________
_________________________________________________

...Respondent

Civil Revision Petition Under Section 115 of the Code of Civil Procedure, 1908

The Petitioner above named respectfully submits as follows:

1. Parties and service. The addresses of the parties for service of notices, summons and other process are as stated in the cause title. The address of the counsel for the Petitioner is ______________________________.

2. Impugned order. This Civil Revision Petition challenges the order dated __.__.20__ passed by the Court of __________________ in __________________ No. ____ of 20__, whereby the learned subordinate court ______________________________.

3. Maintainability. No appeal lies to the High Court against the impugned order under the Code of Civil Procedure, 1908 or any other applicable law. The present petition is maintainable under Section 115 CPC because the impugned order involves a jurisdictional error falling within clause (a), (b) and/or (c) of Section 115(1), as applicable to the facts of the case.

4. Effect of the impugned order. The impugned order, if permitted to stand, would occasion failure of justice and/or cause irreparable prejudice to the Petitioner for the reasons set out below, subject to the statutory text and any applicable local amendment.

Brief Facts

5. The Petitioner instituted / is defending ______________________________ before the Court of ______________________________.

6. The material facts leading to the impugned order are briefly stated as follows:
(a) ________________________________________________;
(b) ________________________________________________;
(c) ________________________________________________.

7. On __.__.20__, the learned subordinate court passed the impugned order holding that ______________________________. A certified copy / authenticated copy of the impugned order is filed as Annexure P-1.

Grounds

A. Because the learned subordinate court exercised a jurisdiction not vested in it by law inasmuch as ______________________________.

B. Because the learned subordinate court failed to exercise a jurisdiction vested in it by law by ______________________________.

C. Because the learned subordinate court acted in the exercise of its jurisdiction illegally and/or with material irregularity by ______________________________.

D. Because the impugned order proceeds on an erroneous assumption concerning jurisdiction / statutory power / mandatory procedure, namely ______________________________.

E. Because the material irregularity has caused serious prejudice / failure of justice to the Petitioner in the following manner: ______________________________.

F. Because the impugned order is contrary to the applicable statutory provision(s) and binding precedent(s), including ______________________________.

8. No other proceeding. The Petitioner states that no other revision petition challenging the same impugned order has been filed before this Hon'ble Court, except ______________________________ [if applicable].

9. Limitation. The petition is within the period prescribed by the applicable law / High Court Rules. If there is delay, an appropriate application for condonation of delay is being filed.

10. Court fee and valuation. The requisite court fee has been paid in accordance with the applicable Court Fees legislation and High Court Rules. The particulars of valuation, if required, are: ______________________________.

Interim Relief

Pending final disposal of this Civil Revision Petition, the Petitioner prays that this Hon'ble Court may stay the operation and effect of the impugned order dated __.__.20__ and/or stay further proceedings in __________________ No. ____ of 20__, to the extent legally permissible.

Prayer

In these circumstances, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:

(a) call for the record of __________________ No. ____ of 20__ from the Court of ______________________________;

(b) set aside / revise the impugned order dated __.__.20__ to the extent permissible under Section 115 CPC;

(c) grant appropriate interim protection pending disposal of the present petition;

(d) award costs; and

(e) pass such other or further order(s) as this Hon'ble Court may deem fit in the interests of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY.

Place: __________________
Date: __.__.20__

Through Counsel


______________________________
Advocate for the Petitioner

Verification

I, ______________________________, the Petitioner above named, do hereby verify that the contents of paragraphs ____ to ____ are true to my personal knowledge, paragraphs ____ to ____ are based on records / legal advice believed to be true, and that no material fact has been concealed.

Verified at __________________ on this ____ day of __________, 20__.

Petitioner