Revision Application under section 115 of Code of Civil Procedure, 1908 format is hereby given below.
IN THE COURT OF THE DISTRICT JUDGE _________
Civil Revision No. _____ of 20__
IN THE MATTER OF :
Mr. A.B.
Plaintiff/Applicant
Versus
Mr. CD
Defendant/Respondent
REVISION UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, 1908
Valuation of suit property: Rs. ………………………..
Nature of Suit: Suit for injunction
Court fee paid on Revision Application: Rs. ……………….
MAY IT PLEASE YOUR HONOUR,
The Revision application against the order dated ………. of the XVIII Additional Munsif, …………. in suit No. ____ of 20___ is most respectfully submitted on the following grounds:
GROUNDS OF REVISION
- 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.
- 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, window and skylights 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.
- 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
In view thereof, the applicant above named humbly and most respectfully prays that the Revision application may be allowed, setting aside the order of the learned Munsif and to allow the application for amendment of the plaintiff.
Dated
___________________
Counsel for the Plaintiff