civil pleading - Application_Section115_CPC_Revision_in_District_Court_Clean_Format

Category: Civil Law Documents

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APPLICATION UNDER SECTION 115 C. P. C. — REVISION IN DISTRICT COURT IN THE COURT OF THE DISTRICT JUDGE.................... Civil Rev. No..................... of 19............................. U/s. 115 C. P. C. A. B.................................................. Plaintiff/Applicant VERSUS CD............................................ Defendant/Respondent Valuation of suit property: Rs..................... Nature of Suit: Suit for injunction Court fee paid on Revision Application: Rs..................... Sir, The Revision application against the order dated.................... of the XVIII Additional Munsif,.................... in suit No..................... of 19.................... is most respectfully submitted on the following grounds: GROUNDS OF REVISION 1.

Because the learned Trial Court has failed to exercise his jurisdiction vested in him, in not considering the amendment application in its proper and legal aspect. 2. Because the amendment sought does not purport to change the nature of the suit, it is a suit for injunction against the defendant for restraining him from illegally closing the door, windows and sky lights of the plaintiff and complainant after having to his notice the correct facts about the nature of possession of the defendant over the servant heritage, asked to add a relief about compensation as envisaged in S. 32 of the Easements Act and its illustration which directly applies to the applicant’s case. The Learned Munsif has not given any consideration to this contention of the applicant and has arbitrarily passed the impugned order. 3.

Because the applicant has also sought to amend the site plan of the property about which the relief of injunction is claimed. The learned, Munsif has not considered at all this part of the proposed amendment and has evaded to give his decision thereon. PRAYER It is, therefore, most respectfully prayed that the Revision application may be allowed, setting aside the order of the learned Munsif and allowing the application for amendment of the plaintiff. Dated.................... Counsel for the Plaintiff