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Legal Yojana

Revision sec.115 of the code of civil procedure against the impugned order passed

Updated: Oct 7

Revision  

FORM OF REVISION  

In the High Court of Delhi (Under its revisional jurisdiction) Civil Revision No. ________ 

Name and particulars of party ……….petition/Defendant………. 

Vs. 

Name and particulars of party ……….Respondent/plaintiff………. 

Revision under sec.115 of the code of civil procedure against the impugned order passed by it District,  Judge of ………….. on date ………….. ………….. in suit No. ………….. 

The petitioner submits as follows :  

1. The respondent had instituted suit bearing No. ………….. in the court of District judge, Delhi. The  courts decreed the said suit of the respondent on………….. and order the petitioner to execute the  decree the respondent.  

2. the petition being aggrieved by the said decree and judgment prefers this application an the  following among other ground:  

a. That the decree and judgment passed by the learned judge is illegal and inoperative.  b. That the learned judge has erred in law by passing the said decree on the grounds of  c. That the Id. Judge erred in law by not appreciating the petitioner's application for producing material  document.  

d. That in doing so, the learned. Judge in the exercise of the jurisdiction has acted with an illegality and  a material irregularity. 

e. The said judgment and decree is against justice, equity and good conscience; and hence not  

sustainable in this court.  

3. In the aforesaid circumstances, the applicant submits that the Hon'ble court be pleased to call for  the records of the trial court and revise its judgment and decree its judgment and decree in the  interest of justice.  

Dated: Sd/- 

Place: advocate for the petitioner. 

If a court tries a suit for which it has no jurisdiction to try having regard to its local limit, or the subject matter  

thereof, it is an exercise of a jurisdiction not vested in it by law. Like wise, where a court has jurisdiction to  entertain a suit, or to execute a decree, or to review its judgment, but refuses to do so on the ground that it  has no jurisdiction, it is a case of failure to exercise jurisdiction vested in it by law. Similarly, it is an illegality,  or a material irregularity in the exercise of jurisdiction vested in a court, if it passes a decree on order against  a person without hearing him at all. 


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