In a pending suit for recovery of possession of house, the defendant filed written statement denying plaintiff's right of recovery. A list of four witnesses, two of whom were employees of Municipal Corporation was also f
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
In a pending suit for recovery of possession of house, the defendant filed written statement denying plaintiff's right of recovery. A list of four witnesses, two of whom were employees of Municipal Corporation was also filed. It was approved by the court. Summons to two defence witnesses (DWs) were issued by court. They were duly examined. But the court, in a cryptic unreasoned order, refused to summon remaining DWs with public record in defense of the defendant, and closed the evidence stage. Draft a specimen revision petition to cure this defect in the trial of the suit and, thus, to prevent the miscarriage of justice. Assume hypothetical data, if necessary.
Answer & Explanation:
SPECIMEN FORM OF REVISION In the High Court of ……………. Civil Appellate Jurisdiction Civil Revision No ……………….. of 2016 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 2016) 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 is pending in the court of Sub-Judge Ist Class………… and the next date of hearing is…… B. That on being summoned the defended appeared before the court below and filed his written statement wherein he denied the petitioner’s right of recovery. A list of four witnesses, two of whom were employees of Municipal Corporation was also filed. C. That the trial court framed issues on……………… and summoned two defence witnesses. D. That on a previous date of hearing that is……, 2016, two defence witnesses duly examined. However, the learned Presiding Officer of the court below, in a cryptic unreasoned order, refused to summon remaining defence witnesses with public record in defence of the defendant. E. That on the next date of hearing the learned trial court by the order impugned in this revision closed the evidence stage. 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. 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 to be filed in support of the fact that the contents of the accompanying revision petition are true and correct to the best of the deponent’s knowledge and that nothing has been kept back or concealed].
Topics: Pleadings