Legal Format & Draft
Application under Section 151 C P C: Format & Sample
Reference draft used in Indian courts — replace the blanks with your own case details.
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 the High Court of...................
The humble application of the abovenamed applicants most respectfully submits:
1. That this is an application praying that this Hon’ble Court may be pleased to direct that further proceedings in suit No........... of 19.............. now pending in the Court of Munsif, Court No........................................ shall remain stayed during the pendency of this revision in this Court.
2. That the applicants have filed this revision against the judgment and order passed by the trial court rejecting their application for substitution.
3. That Smt.................... Plaintiff, in the suit died issueless. Shri................... who is arrayed as Opposite Party No. 1 in the revision and who was legal adviser
of Smt.................... and was also her counsel in the suit, applied for substitution of his name alongwith................... on the basis of an alleged will in which they have been appointed as executors.
4. That the applicants when they came to know of the suit, applied for 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................... to be the legal 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.
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 Revision is not maintainable before the District Judge.
10. That for the reasons given above and in the accompanying affidavit it is in the interest of justice, equity and expediency that this Hon’ble Court may be 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 to the court of the Munsif................... in suit No.................... of...................
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 the High Court of...................
The humble application of the abovenamed applicants most respectfully submits:
1. That this is an application praying that this Hon’ble Court may be pleased to direct that further proceedings in suit No........... of 19.............. now pending in the Court of Munsif, Court No........................................ shall remain stayed during the pendency of this revision in this Court.
2. That the applicants have filed this revision against the judgment and order passed by the trial court rejecting their application for substitution.
3. That Smt.................... Plaintiff, in the suit died issueless. Shri................... who is arrayed as Opposite Party No. 1 in the revision and who was legal adviser
of Smt.................... and was also her counsel in the suit, applied for substitution of his name alongwith................... on the basis of an alleged will in which they have been appointed as executors.
4. That the applicants when they came to know of the suit, applied for 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................... to be the legal 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.
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 Revision is not maintainable before the District Judge.
10. That for the reasons given above and in the accompanying affidavit it is in the interest of justice, equity and expediency that this Hon’ble Court may be 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 to the court of the Munsif................... in suit No.................... of...................
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.