APPLICATION UNDER SECTION 151 C.P.C.

 

34.APPLICATION UNDER SECTION 151 C.P.C.[CD1] 

 

 

IN THE HIGH COURT OF THE .................

Civil Misc. Application No. ....... of ......... 19……..

1. Shri .............................................

resident of .......................................

2. Shri ..................................................

resident of .......................................

 3. Shri ................, sons of .........................

resident of……………………

Applicants.

in

Civil Revision No……………..of 19 ................

…………………………

 

1.   ………………..

2.   ……………….

3.   ……………….

 

 

Applicants

Versus

 1………………………

 2……………………….

 3……………………..

 

Defendants/Opposite Parties.

To

The Hon'ble Chief Justice and his companion judges of high Court of ........

 

The humble application of the above named applicants most submits :

 

1. That this is an application praying that this Hon'ble Cout may be pleased  to direct that further proceedings in suit No ........... of 19……………. the Court of Munsif, Court No. ……………..the pendency of this revision in this Court.

2. That the applicants have filed this revision against the passed by the trial court rejecting their application for substitution

 3. That Smt…………Plaintiff, in the suit died issues who is arrayed as Opposite Party No. 1 in the revision and who was legal advice.

of Smt. ... and was also her council in the suit,applied for substitution of his name along with ................... on the basis of an alleged will in wh been appointed as executors.

4. That the applicants when they came to know of the suita substitution of their names as being her legal heirs.

5. that the said application of the applicants was contested by Advocate. The learned Munsif upheld the claim of Shri representative and rejected the application of the applicants.

6. That the learned Munsif did not notice that substantial property in the suit was Sirdari land and there could not be any will in respect of that property by a widow who had inherited the land from her husband............. to be the legal

7. That the order of the learned Munsif directing substitution of the names of opposite Parties Nos. 1 and 2 and rejecting the application of the applicants is likely to cause great injury and prejudice to the applicants.

8. That the applicants have filed a revision in the Court of the learned District Judge,................... under the impression that a revision lies to the District Judge. The learned District Judge also has passed an order staying further proceedings in the suit.

9. That the applicants are, however, advised that after amendment of section 115 C.P.C. by Civil Procedure Code (Amendment) Act, 1976 which came into force with effect from 1-7-1977 a revision lies to the High Court and the Revi maintainable before the District Judge.

10. That for the reasons given above and in the accompanying an is in the interest of justice, equity and expediency that this Hon ble ou pleased to direct that further proceedings in suit No. ................... Of 19 now pending in the court of Munsif................. shall remain stayed during the pendency of this revision in this court.

 

PRAYER

 

 It is, therefore, most respectfully prayed that this Hon’ble court may be  pleased to direct that further proceedings in suit No. ...................of ……………….now  pending in the court of........ shall remain stayed during the pendency of this  Revision of this Court.

 

Dated………………..                                                                        (…………………)

Counsel for the Applicant.

 

Copy of the stay order may please be communicated Munsif ... ......... in suit No. ........ of .....

---

 [CD1]APPLICATION UNDER SECTION 151 C.P.C.