REVISION PETITION AGAINST THE JUDGMENT AND DECREE DATED () PASSED BY THE COURT OF JUDGE Name, WHEREBY APPEAL

BEFORE THE COURT NAME WITH CITY

CR.No.                 /2018

Name of Party

…PETITIONERS

 

V E R S U S

 

Department /State/ or Party Name

 

… RESPONDENTS

 

REVISION PETITION AGAINST THE JUDGMENT AND DECREE DATED () PASSED BY THE COURT OF JUDGE Name?, WHEREBY APPEAL NO.(_) OF (Year) FILED AGAINST THE JUDGMENT AND DECREE DATED () PASSED BY THE COURT OF LEARNED CIVIL JUDGE-II BATTAGRAM IN CIVIL SUIT NO.()OF (Year) WHEREIN THE PETITIONERS THROUGH THERE PREDECESSOR IN INTEREST WAS NON SUITED.

PRAYER:-

Allowing this petition orders and decree of both the court below be strict down is against las then be set aside and suit of the plaintiff be decreed against the defendants / respondents.

 

 

Respectfully Sheweth,

May it is please your lordship to make the following submission for the redressal of the duress / grievances, mainly on the following factual and legal grounds;-

FACTS

 1.                    That, father of the petitioners now dead, filed a pre-emption suit against the defendants, herein the respondents on the ground, that petitioner No. to in fact have sold out the suit property to respondent No. () for the sale consideration of Rs.(Amount)/- and non attestation of the mutation or registration thereof is collusive in order to defeat the right of pre-emption of the plaintiff then through their late father. (Attested copies of the plaint is annexed as……………………….………..Annexure “A”)

  2.                    That, before filing the written statement, respondents solicited rejection of the plaint, through application Annexure B, which application was yet not decided, when in the meanwhile plaintiff herein petitioner, filed an application Annexure C for decision of the controversy through special oath, accordingly and consequent upon the administration of the oath, proceedings culminated into dismissal of the suit vide judgment / order dated …………………………………………Annexure D

3.                    That, appeal thereagainst was allowed vide order dated…………. While in the post remand proceedings filing written statement Annexure E, issues were framed as Annexure F, whereunder evidence recorded of the   first party is Annexure G, while of the second party is …………………………………………..………Annexure H

4.                    That, dilating upon the ecoded evidence, learned trial Court non suited the plaintiff party vide judgment Annexure I Whereagainst appeal Annexure J was allowed vide judgment Annexure K. However the application for production of power of attorney when was answered in negative, revision thereagainst was disposed of vide order dated ()………………Annexure L

5.                    That, in the post remand period and in the light of observation made in order dated () by the learned Appellate court, despondent declined/ did not agree with the proposal of the disposal of the matter on special oath and opted for decision on merit. Document are annexed as .…………………………..…Annexure M.

 6.                    That, other ancillary applications and replications are …………………………………………………..Annexure N

  7.                    That, vide order /judgment dated () Annexure O, the learned trial court once again answered prayer of the plaintiff in negative, appeal Annexure P thereagaisnt is dismissed vide judge Annexure Q, hence this revision.

GROUNDS:-

a)                  That, both the learned Courts below have acted arbitrarily without dilating upon the material available on record, hence the findings are against facts born on record and accordingly illegal.

b)                  That, both the leaner Courts below have neither read the evidence in its true perspective nor have substantiated their findings with judicial reasoning. Needless to mention that the findings are not supported by logic and rational.

c)                  That, when respondent No.() is of difference caste than the other respondents and when respondents No.() is running  business in the suit shop since long and when the suit property “
(Name)” wherein respondent No.() runs business without any mention of rent or any otherwise device for his possession over the shop in question, then POWER OF ATTORNEY in his favour in fact is an instruments of SALE qualified by possession without any consideration, has legitimately vested right of pre-emption in favour of petitioner, and both the learned court below have totally failed to attend this crucial aspect of the lis.

d)                  That, learned appellate court while making reference to earlier appeal has acted somewhat in personal tone when it is remarked “got remanded’’, specially when such order was not passed but by subordinate forum but his predecessor.

e)                  That, the judgments of learned Court below are suffering from jurisdictional defect, when learned court exercise the jurisdiction not vested in the court, did not exercise the vested jurisdiction and further committed material regularity and illegality which has prejudiced the cause of the petitioner.

f)                   That, both the court below have committed the illegality of none reading and misreading of evidence, and as much that when for all practical purpose it is an oral sale and the learned courts have insisted for a written / scribed deed of sale.

g)                  That, learned appellate court has neither taken up point of determination nor has delivered issues wise judgment in violation of the provision of ORDER-() of ?.

h)                  That, herein the nature of the property “(Name)” with setup business of respondent No.() therein is of paramount significance but the learned court below have never taken into consideration this important feature of the case hence have failed to apply their judicial mind to the fact and circumstance of the case.

i)                    That, the first special oath administered in the absence of the petitioner by non concerned person and refusal of the proper respondents from special oath will draw adverse inference against the respondents but courts below in anger have never adverted to this aspect of the matter and on the contrary have unwantedly reacted against the petitioner.

j)                    That, findings of the trial Court on the question of different () runs contrary to the material available on record. In fact both the learned court have concentrated on the question of SALE, that also too erroneously and then have attended the important ingredients of pre-emption suit in a slipshod manner, never warranted by law.

k)                  That, other points if graciously allowed shall be submitted during the course of arguments.

It is, therefore, humbly prayed that judgment of both the court below May kindly be set aside and suit of the plaintiff be decreed with throughout castes on the defendants for their interse collusion.

                                                                                             PETITIONERS

Through:

 

Dated:-_______/2018                                                                         (AdvocateName)

                                                            Court Name,

                                  (City).

VERIFICATION:-

Verified that the contents of Revision Petition are true and correct to the best of my knowledge and information and that nothing has been concealed therein.

Dated:-_______/2018                                                                                    …PETITIONERS

 

 

BEFORE THE COURT NAME WITH CITY

CR.No.                 /2018

 

Party name()                                                                                           …PETITIONERS

 

 

V E R S U S

 

Department Name, Organization,  ().                                              … RESPONDENTS

 

 

REVISION PETITION

AFFIDAVIT

 

 

I, Name(?)S/o Name() caste () R/o (Name), petitioner do hereby solemnly affirm and declare on Oath that the contents of instant Revision Petition are true and correct to the best of my knowledge and belief and that nothing material has been concealed from this Hon’ble Court.

 

Dated:-_______/2018

 

 

D E P O N E N T

 

 

IDENTIFIED BY:-

 

(AdvocateName)

Court Name,

 

(City).

 

 

 

BEFORE THE COURT NAME WITH CITY

CR.No.                 /2018

Name of Party

…PETITIONERS

 

V E R S U S

 

 

Department /State/ or Party Name

 

… RESPONDENTS

REVISION PETITION

CERTIFICATE

 

Certified that no such like Revision Petition has earlier been filed before this Hon’ble Court.

 

 

 

PETITIONERS

 

 

 

 

Through:

 

 

Dated:-_______/2018                                                                   (AdvocateName)

Court Name,

(City).

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE COURT NAME WITH CITY NAME

 

CR.No.                 /2018

Name of Party

…PETITIONERS

 

V E R S U S

 

 

Department /State/ or Party Name                                                     … RESPONDENTS

 

REVISION PETITION

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth;

The addresses of the parties are as under:-

 

 

One to All party member Names and Residential Addresses

PETITIONERS

 

One to All party member Names and Residential Addresses

 

RESPONDENTS

 

 

 

PETITIONERS

 

Through:

Dated:-_______/2018                                                               (AdvocateName)

Court Name,

(City).

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