Affidavit in a Civil Revision Petition Under Section 115 CPC for Stay Against an Order (India) by OLL
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Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order.
Format of Affidavit to be filed with application for stay in a Civil Revision Petition under Section 115 of CPC.
Affidavit also needs to be filed with Miscellaneous Application seeking stay in a Civil Revision Petition Section 115 of the Civil Procedure Code. Details of Section 115 of the Civil Procedure Code is given below.
Sample Format of Affidavit to be filed with a Revision Petition seeking stay is given below:
BEFORE THE HON'BLE ___________ COURT AT _______
CIVIL MISCELLANEOUS PETITION NO.____ OF 20__
IN CIVIL REVISION PETITION NO____ OF ____
Mr. _______________________________ PETITIONER
VERSUS
MR. ________________________________ RESPONDENT
AFFIDAVIT
I, ____________________________, Wife of _____________, Daughter of ______ __________________________ , aged______ years, resident of _______________ , do hereby solemnly affirm and state as follows:
1. That I am the petitioner in the Civil Miscellaneous Petition and the Civil Revision Petition referred to above. The deponent herein is well acquainted with the facts and circumstances of the case and being so, stands fully competent to swear to this affidavit. The deponent herein will be referred to as the petitioner hereinafter.
2. It is respectfully submitted that the maintainability of the appeal referred to above was questioned by the petitioner vide I.A. No _____ before the district Court on a preliminary ground. The said Court dismissed the said application by its order dated ____ aggrieved by which the abovementioned Revision Petition has been filed by the petitioner.
3. For the sake of brevity, the contents of the Memorandum of Civil Revision Petition may be read as part of this affidavit.
4. It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by this Hon'ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable.
5. In view of the aforementioned circumstances, it is clear that if without hearing the maintainability of the appeal, the same is allowed to be proceeded with and heard on merits, the petitioner will suffer irreparable loss and injury.
6. It is, therefore, in the interest of justice, equity and conscience that this Hon'ble Court may stay all further proceedings in the aforesaid appeal until the accompanying Civil Revision Petition is finally disposed of.
DEPONENT
VERIFICATION
Verified at on this the _____ day of ,20__ that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.
DEPONENT
Section 115 of the Civil Procedure Code 1908
Section 115
This is a preview. The full template is free on GitLaw.
This template provides a standard format for an affidavit to be filed alongside a stay application in a Civil Revision Petition under Section 115 of the Indian Code of Civil Procedure. It is used to support a request for halting lower court proceedings while a high court reviews a jurisdictional or procedural error.
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About this template
What is this template?
This is a formal sworn statement used in Indian civil litigation to request a temporary halt to lower court proceedings. It contains a verification clause, a statement of competence by the deponent, and an express claim of irreparable loss if the stay is not granted. It is not the Revision Petition itself but a supporting document for a Miscellaneous Petition within that revision.
When should you use it?
Use this when filing a Revision Petition under Section 115 of the CPC to stop a lower court from acting on a specific order while the High Court reviews its legality. Use an Affidavit for Interim Injunction instead if you are seeking a stay within an original suit rather than a Revision Petition.
Who it's for
- a petitioner in India seeking to stay lower court proceedings while a High Court reviews a jurisdictional error
- a party whose application challenging the maintainability of an appeal was dismissed by a District Court
- an applicant alleging that proceeding on merits will cause irreparable loss or injury during a revision
How long it runs and how it's signed
Law it's drafted under
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