Review Application u/s 114 of CPC

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” –

1.      Reliefs prayed for / claimed;

2.      Grounds for Reliefs prayed for / claimed; (both factual and legal);

3.      Narration of facts substantiating the said grounds.

Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”. Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed.

Framing of Review Petition

Short title of the Suit

http://thepracticeoflawjalan.blogspot.in/2012/11/short-title.html

Index

(Advocate’s Certificate to be annexed)

http://thepracticeoflawjalan.blogspot.in/2012/11/index.html

Proforma (Roznama)

http://thepracticeoflawjalan.blogspot.in/2012/11/proforma-rozanama.html

Synopsis of the case –

Chronology of events (date wise; and where the time is of relevance, time-wise) that has led to the present situation of grievance. You need to mention in very brief as what has happened on each of relevant dates; i.e. state bare facts, and do not state your “views” on the facts. If you are relying on any document, the substance of the document may be stated herein.

Main points to be urged:

The grounds for the Reliefs prayed may be set out as points to be urged.

Acts (Statutes) and authorities (judgments) relied upon

http://thepracticeoflawjalan.blogspot.in/2012/11/synopsis-acts-auth-relied-upon-and.html

Full Cause title –

APPLICATION FOR REVIEW OF ORDER DATED 08.10.2014

MAY IT PLEASE MY LORDS;

In brief the chronology of events that transpired during the conclusion of Order which is sought to be reviewed.

The Petitioner submits that however the Hon’ble Court vide its Order dated ____ were pleased to ________ . Hereto annexed and marled as Exhibit “A” the copy of Order which is sought to be reviewed.

4.         BEING AGGRIEVED AND DISSATISFIED by the Judgment and Order dated ______, the Petitioner herein has filed this petition on the following amongst other grounds which are without prejudice to and in the alternative to one another.

5.         The Petitioner further submits that, had the grounds, set out herein below, been pointed out to the Hon'ble Court, the Hon’ble Court would have certainly allowed the Intervention of the Petitioner.

6.         GROUNDS

a)        

b)        

c)        

d)        

7.         The Petitioner states that in light of the aforesaid facts and circumstances and upon the grounds stated hereinabove, it is just and reasonable, and it would be in the interest of justice that the said Order be reviewed.

8.         The Petitioner craves leave to add, amend, alter and/or delete any of the aforesaid grounds if required.

9.         The Petitioner states that except this no other petition, appeal, application or review of the said Order is filed or pending either in this Hon’ble High Court or in the Hon’ble Supreme Court of India.

10.       The Petitioner submits that the present Review Petition is filed within limitation period. The impugned Order was passed on ______. The Petitioner applied for certified copy on ______. However, till the date of filing this Application, the certified copy is not made available.

11.       The Petitioner states that he has paid Rs. 200/- on the review petition.

12.       The Petitioner therefore prays:

(a)        That this Hon’ble Court be pleased to review the judgment and order dated ______ and further be pleased to modify it to the extent of setting aside the order, thereby ___________

(b)        Such other and further relief as this Hon’ble Court may deem fit and proper in the circumstances of the present case be granted.

        

Verification clause (O.6 R.15)

The person verifying the Plaint shall in the Verification Clause, specify, by reference to the numbered paragraphs of the pleading, what he verifies from his own knowledge and what he verifies upon information received and believed to be true. [(O.6 R.15)]

http://thepracticeoflawjalan.blogspot.in/2012/11/verification-clause.html

Vakalatnama

http://thepracticeoflawjalan.blogspot.in/2012/11/vakalatnama.html

Memorandum of Regd address of the Plaintiff / Advocate on record

http://thepracticeoflawjalan.blogspot.in/2012/11/memo-of-regd-address-of-plaintiff.html

List of Documents relied upon

http://thepracticeoflawjalan.blogspot.in/2012/11/list-of-doc-relied-upon-in-suit.html

Exhibits / documents annexed in the Plaint

Among other documents, Advocate’s Certificate to be annexed.

Docket

Substantive law

http://thepracticeoflawjalan.blogspot.in/2012/04/courts-review-and-inherent-powers.html

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