Section 115 CPC Revision Application - Free District Court Template PDF/Word India

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Application Under Section 115 CPC Revision Format in District Court

Need a reliable Application Under Section 115 CPC Revision Format in District Court to challenge a subordinate court's order? Download our customizable legal template today and ensure your revision petition is filed correctly under the Code of Civil Procedure, 1908.

In the Indian judicial system, Section 115 of the CPC allows higher courts, including District Courts in certain hierarchies, to exercise revisional jurisdiction over decisions of lower courts. This Application Under Section 115 CPC Revision Format in District Court is essential when you believe a subordinate court has committed a jurisdictional error, failed to exercise its jurisdiction properly, or acted with material irregularity. It's a powerful tool for correcting grave injustices without the need for a full appeal, saving time and resources.

Why is an Application Under Section 115 CPC Revision Format Important?

Filing a revision under Section 115 CPC is crucial in civil proceedings where the lower court's order may not be appealable but contains significant flaws. This format ensures compliance with procedural requirements, preventing rejection due to formatting errors. It's particularly vital in cases involving property disputes, family matters, or commercial litigation where timely intervention can prevent irreparable harm. By using a ready-to-use Application Under Section 115 CPC Revision Format in District Court, you demonstrate professionalism and adherence to court protocols, increasing the chances of a favorable review.

Key benefits include:

Legal Accuracy: Drafted by experts familiar with Indian court practices.
Time-Saving: Instant download in PDF or Word format for quick editing.
Cost-Effective: Affordable premium templates customizable via AI or legal consultation.
High Success Potential: Structured to highlight jurisdictional defects effectively.

Key Elements of the Application Under Section 115 CPC Revision Format

A well-drafted Application Under Section 115 CPC Revision Format in District Court must include the following essential sections:

Court Details: Specify the District Court, bench, and case number.
Parties Involved: Applicant (petitioner) and respondent details.
Facts of the Case: Concise narration of events leading to the lower court's order.
Grounds for Revision: Clearly state jurisdictional error, non-exercise of jurisdiction, or material irregularity, with reference to Section 115 CPC.
Lower Court Order: Attach and reference the impugned order.
Prayer Clause: Specific relief sought, such as setting aside the order.
Affidavit: Sworn verification by the applicant.
Vacation Stay Application: Optional interim relief request.
List of Documents: Index of enclosures.

This structure ensures your petition is comprehensive and court-ready.

Who Should Use This Application Under Section 115 CPC Revision Format?

This template is ideal for:

Litigants in civil suits facing erroneous interlocutory orders.
Advocates representing clients in District Court revisions from Munsif, Civil Judge, or Small Causes Courts.
Businesses challenging commercial dispute resolutions.
Individuals in tenancy, partition, or injunction matters.

Common use cases include revisions against ex-parte orders, refusal of injunctions, or improper jurisdiction assumptions.

Download Your Customizable Template Now

Get instant access to our premium Application Under Section 115 CPC Revision Format in District Court for free download or paid customization options. Available in editable Word and print-ready PDF formats, it's designed for India-specific requirements. Use our AI tool for quick personalization or opt for professional legal review to tailor it perfectly to your case.

Important Note

This Application Under Section 115 CPC Revision Format in District Court serves as a legal template and sample only. It is not a substitute for professional legal advice. Always consult a qualified lawyer to verify suitability for your specific circumstances and ensure compliance with the latest amendments to CPC. Explore related templates like Affidavit under Order 39 Rule 4, Civil Revision Petition, or other CPC formats for comprehensive legal support.

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APPLICATION UNDER SECTION 115 C. P. C. ? REVISION IN DISTRICT COURT

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

CASE LAW

Section 115

HIGH COURT CANNOT REAPPRECIATE EVIDENCE AND CANNOT SET ASIDE CONCURRENT FINDINGS OF COURTS BELOW BY TAKING DIFFERENT VIEW OF EVIDENCE.

It appears that both the Presiding Officers of both the Courts below have in fact inspected the building and came to the firm finding that the building is old and is in a dilapidated condition and, therefore, it needs reconstruction of the building and so the Order of eviction was passed by the trial court and the same was affirmed by the lower appellate Court.

It is well settled position in law that under Section 115 of the Code of Civil Procedure the High Court cannot reappreciate the evidence and cannot set aside the concurrent findings of the Courts below by taking a different view of the evidence. The High Court is empowered only to interfere with the findings of fact if the findings are perverse or there has been a non-appreciation or non-consideration of the material evidence on record by the Court below. Simply because another view of the evidence may be taken is no ground by the High Court to interfere in its revisional jurisdiction1.

JURISDICTION TO EXTEND TIME.

Trial Court had jurisdiction to extend the time under Section 148, C. P. C. on sufficient cause being made out. Condition precedent to enable the High Court to exercise its revisional jurisdiction under Section 115, C. P. C. was lacking2.

JURISDICTION OF HIGH COURT.

High Court while exercising the jurisdiction is competent not only to see the irregular or illegal exercise of jurisdiction but also to see to the legality or propriety of the order in question3.

EXERCISE OF REVISIONAL JURISDICTION.

High Court, exercising revisional jurisdiction could not interfere with the concurrent findings and set aside the order of eviction4.

REVISION ? MAINTAINABILITY.

Section 115

The maintainability of the revision depends upon two conditions firstly that it must relate to a case decided by the Court subordinate to the High Court and secondly in connection with the case decided, no appeal lies thereto.5

REVISION ? MAINTAINABILITY.

Where the Court was merely postponing consideration of issue so that it may hear both parties and decide matter it did not amount to case decided. Revision is maintainable.6

REVISION ? MAINTAINABILITY.

Section 115, Order 38, Rule 1

Where in a suit seeking recovery of money, the plaintiff filed application seeking arrest before judgement of the defendant and on appearance of the defendant the application of the plaintiff was closed by the Court, against such order of the Court revision application was maintainable.7

REMEDY UNDER SECTION 151 NOT ONLY DISCRETIONARY BUT EQUITABLE.

The remedy under Section 115 is not only discretionary but at the same time it is equitable.8

INVOCATION OF REVISIONAL JURISDICTION ON QUESTION OF PAYMENT OF COURT FEE.

Though defendants would ask for enquiry with reference to the value of the Court-fee payable on the plaint, the defendants cannot have any grievance against the order overruling the objection to get him entitled to invoke the revisional jurisdiction of the High Court on question whether the plaintiffs have paid adequate Court-fee on the plaint or not.9

1. Masjid Kacha Tank Nahan v. Tuffail Mohammad, A.I.R. 1991 S.C. 45.

2. Johri Singh v. Sukh Pal Singh, A.I.R. 1989 Supreme Court 2073: 1989 (3) J. T. 582: 1989 Supp. (1) S.C. R. 17: 1989 (4) S.C.C. 403.

3. Rai Chand Jain v. Chandra Kanta Khosla, A.I.R. 1991 Supreme Court 744: 1991 (1) S.C.C. 422: 1990 (4) J. T. 638.

4. Chandmal v. Firm Ram Chandra and Vishwanath, A.I.R. 1991 Supreme Court 1594: 1991 A.I.R. S.C. W. 1568: 1991 (2) J. T. 553: 1991 (3) S.C.C. 130.

5. Chunnilal v. Shanta Devi, AIR 2001 Raj. 76.

6. Golikota Reddy v. Goli Raja Gopala Reddy, AIR 2001 AP 110.

7. S. Selvarathinam v. Rajasekharan Nair, AIR 2001 Kerala 1.

8. Caps & Containers v. Bank of Baroda, 2001 (1) CCC 56 (Guj. ).

9. Sundarrajan v. Vellai Vinayagar Koil, AIR 2001 Mad. 110.

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Important Guidelines

Guidelines for Drafting Application under Section 115 C.P.C. - Revision in District Court:

Heading and Title: Begin with a clear title, "Application under Section 115 C.P.C. for Revision in District Court," specifying court details, parties involved, and case number.

Introduction: Provide a concise introduction, stating the purpose of the application. Section 115 of the Civil Procedure Code allows for revisional powers to be exercised by the District Court.

Legal Basis: Clearly cite Section 115 of the Civil Procedure Code as the legal foundation for filing the revision application, emphasizing the need for the District Court's intervention to rectify errors or irregularities.

Factual Background: Present a brief but comprehensive account of the facts leading to the revision application, outlining the errors or irregularities that warrant correction.

Grounds for Revision: Clearly state the grounds for seeking revision, providing legal arguments and precedents supporting the claim that the lower court's decision is erroneous.

Common Mistakes to Avoid:

Unclear Errors or Irregularities: Clearly identify and articulate the errors or irregularities in the lower court's decision, avoiding vague or ambiguous statements.

Failure to Provide Legal Grounds: Clearly state the legal grounds for seeking revision, citing relevant laws and precedents to fortify the request for intervention by the District Court.

Neglecting Legal Requirements: Familiarize yourself with procedural rules governing revision applications, adhering strictly to timelines and requirements.

Incomplete Information: Include all necessary details, such as the names of parties, relevant facts, and specific grounds for revision, to prevent procedural complications.

Neglecting Notice to Opposing Party: Serve proper notice to the opposing party, allowing them an opportunity to respond to the revision application before the District Court makes any decision.

Applications under Section 115 C.P.C. for revision in the District Court are used to seek correction of errors or irregularities in lower court decisions. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the need for revision, and contributes positively to the court proceedings.

Frequently asked questions

What is an Application under Section 115 CPC for Revision in District Court?→

This legal document is a template for filing a revision petition under Section 115 of the Code of Civil Procedure, 1908, in a District Court in India. It challenges interlocutory orders passed by subordinate courts lacking jurisdiction or erroneous in law.

Is this Application under Section 115 CPC legally valid in India?→

Yes, this application format complies with Indian legal standards under CPC Section 115 and is valid for use in District Courts across India, subject to local court rules and verification by a legal practitioner.

Do I need to pay stamp duty or court fees for this application in India?→

Court fees are required as per the Court Fees Act, 1870, and vary by state (e.g., Rs. 50-200 typically). No stamp duty is applicable on court applications; affix requisite court fee stamps before filing.

In what format can I download this Application under Section 115 CPC?→

Download this customizable legal template in editable Word (.docx) or PDF format. Word version allows easy editing for your specific case details.

Can I customize or edit this Application under Section 115 CPC template?→

Yes, this India-specific legal document is fully customizable. Edit sections like case details, grounds for revision, and prayers using MS Word before printing and filing.

When and who should use this Application for Revision in District Court?→

Use this when aggrieved by a subordinate court's order lacking jurisdiction or causing failure of justice. Suitable for litigants or advocates filing revision under Section 115 CPC in District Court in India.

APPLICATION UNDER SECTION 115 C. P. C. ? REVISION IN DISTRICT COURT

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,

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.

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

CASE LAW

Section 115

HIGH COURT CANNOT REAPPRECIATE EVIDENCE AND CANNOT SET ASIDE CONCURRENT FINDINGS OF COURTS BELOW BY TAKING DIFFERENT VIEW OF EVIDENCE.

JURISDICTION TO EXTEND TIME.

JURISDICTION OF HIGH COURT.

High Court while exercising the jurisdiction is competent not only to see the irregular or illegal exercise of jurisdiction but also to see to the legality or propriety of the order in question3.

EXERCISE OF REVISIONAL JURISDICTION.

High Court, exercising revisional jurisdiction could not interfere with the concurrent findings and set aside the order of eviction4.

REVISION ? MAINTAINABILITY.

Section 115

REVISION ? MAINTAINABILITY.

Where the Court was merely postponing consideration of issue so that it may hear both parties and decide matter it did not amount to case decided. Revision is maintainable.6

REVISION ? MAINTAINABILITY.

Section 115, Order 38, Rule 1

REMEDY UNDER SECTION 151 NOT ONLY DISCRETIONARY BUT EQUITABLE.

The remedy under Section 115 is not only discretionary but at the same time it is equitable.8

INVOCATION OF REVISIONAL JURISDICTION ON QUESTION OF PAYMENT OF COURT FEE.

1. Masjid Kacha Tank Nahan v. Tuffail Mohammad, A.I.R. 1991 S.C. 45.

2. Johri Singh v. Sukh Pal Singh, A.I.R. 1989 Supreme Court 2073: 1989 (3) J. T. 582: 1989 Supp. (1) S.C. R. 17: 1989 (4) S.C.C. 403.

3. Rai Chand Jain v. Chandra Kanta Khosla, A.I.R. 1991 Supreme Court 744: 1991 (1) S.C.C. 422: 1990 (4) J. T. 638.

4. Chandmal v. Firm Ram Chandra and Vishwanath, A.I.R. 1991 Supreme Court 1594: 1991 A.I.R. S.C. W. 1568: 1991 (2) J. T. 553: 1991 (3) S.C.C. 130.

5. Chunnilal v. Shanta Devi, AIR 2001 Raj. 76.

6. Golikota Reddy v. Goli Raja Gopala Reddy, AIR 2001 AP 110.

7. S. Selvarathinam v. Rajasekharan Nair, AIR 2001 Kerala 1.

8. Caps & Containers v. Bank of Baroda, 2001 (1) CCC 56 (Guj. ).

9. Sundarrajan v. Vellai Vinayagar Koil, AIR 2001 Mad. 110.

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