In a pending Suit defendant filed written statement denying Plaintiff's claim for right of recovery of building. In this process he filed list of five witnesses before the Hon'ble Court, three of whom were employees of C
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
In a pending Suit defendant filed written statement denying Plaintiff's claim for right of recovery of building. In this process he filed list of five witnesses before the Hon'ble Court, three of whom were employees of City Development Authority. Court summoned three defense witnesses out of the list of five witnesses filed by the defendant and closed the evidence stage. Court passed a cryptic and unreasoned order. With a view to cure this defect in trial of the suit and to prevent the miscarriage of justice, defendant decided to file Revision Petition. Draft a suitable Revision Petition taking into account the above facts and assume data, wherever required.
Answer & Explanation:
SPECIMEN FORM OF REVISION In the High Court of [Name of High Court] Civil Appellate Jurisdiction Civil Revision No. [Number] of 2018 IN THE MATTER OF: ABC S/o. [Father's Name] R/o. [Address] ............ Petitioner Versus XYZ S/o. [Father's Name] R/o. [Address] ............ Respondent AND IN THE MATTER OF: CIVIL REVISION AGAINST THE ORDER DATED [Date] PASSED BY THE LEARNED SUB-JUDGE, IST CLASS, [Court Name] IN THE SUIT ENTITLED ABC -Vs. - XYZ (CIVIL SUIT NO. OF 2013) 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 [Property Description], fully described in the plaint (copy attached as Annexure -1). The suit is pending in the court of Sub-Judge Ist Class [Court Name] and the next date of hearing is [Next Hearing Date]. 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 [Issues Framed] and directed the petitioner (plaintiff) to produce evidence, upon which the petitioner promptly furnished to the court below a list of witnesses, making a request that the witness be summoned by that Court. D. That on a previous date of hearing that is [Date], 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
Topics: Civil Procedure Code
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