Affidavit for Stay in Civil Revision Petition Sec. 115 CPC

BEFORE THE HON'BLE ___________ COURT AT _______
CIVIL MISCELLANEOUS PETITION NO.____ OF 20__
IN CIVIL REVISION PETITION NO____ OF __

 

Mr/Mrs _______________________________
 

……………………………PETITIONER
 

VERSUS

 

Mr./Mrs________________________________
 

…………………………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 mentioned above. I am fully acquainted with the facts and circumstances of the case, and, being so, I am competent to affirm this affidavit. Hereinafter, I shall be referred to as the petitioner.
2. I respectfully state that I had challenged the maintainability of the said appeal before the District Court by filing I.A. No. _____________ on preliminary grounds. The District Court, however, dismissed the said application by its order dated ____________, against which the present Revision Petition has been preferred.
3. For the sake of brevity, the contents of the Memorandum of Civil Revision Petition are adopted herein and may be read as part of this affidavit.
4. I further state that I bonafide believe that this Hon'ble Court is likely to allow the Revision Petition, set aside the impugned order, and declare that the appeal is not maintainable.
5. In view of the circumstances mentioned above, it is evident that if the appeal is permitted to proceed and be heard on merits without first deciding the issue of its maintainability, I will suffer irreparable loss and prejudice.
6. It is therefore humbly prayed that, in the interest of justice, equity, and good conscience, this Hon'ble Court may be pleased to stay all further proceedings in the said appeal until the disposal of the accompanying Civil Revision Petition.

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

What is it?

This affidavit supports a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC). It is filed when a party challenges an order of a subordinate court before the High Court and simultaneously seeks a stay of further proceedings until the revision is decided.

When is it Needed?

• When a trial or appellate court passes an interlocutory order (not a final judgement) which is prejudicial or beyond jurisdiction.
• When no regular appeal is available against that order.

Example situations:

• District Court wrongly dismisses an application challenging the maintainability of an appeal.
• Trial Court passes an order refusing amendment of pleadings or rejecting evidence wrongly.
• Lower court acts without jurisdiction or fails to exercise jurisdiction.

Why is it Important?

• To prevent irreparable loss if proceedings continue before the subordinate court.
• To avoid multiplicity of litigation.
• To stop enforcement of an illegal or arbitrary order while the High Court considers the revision.

Procedure to File

1. Draft Revision Petition
   State facts, grounds of revision, impugned order, and jurisdiction of the High Court under Section 115 CPC.
2. Draft Affidavit for Stay
   Petitioner affirms facts supporting the stay.
   Shows urgency and potential prejudice.
   Attaches memorandum of revision petition as reference.
3. File with Court Registry
   Petition + affidavit + supporting documents (copy of impugned order, previous applications).
4. Notice to Opposite Party
   Court may issue notice before granting stay, unless urgent interim stay is warranted.
5. Hearing
   Arguments heard. Court may stay proceedings till disposal of revision.

FAQs

Q1. What is Section 115 CPC?

It gives High Courts power to revise orders of subordinate courts if they acted without jurisdiction, failed to exercise jurisdiction, or acted illegally.

Q2. Can every order be challenged under Section 115?

No. Only those orders where no appeal lies and which cause failure of justice or irreparable injury.

Q3. Is an affidavit compulsory with a revision petition?

Yes, for stay. The petition itself challenges the order, but the affidavit supports interim relief.

Q4. Can the High Court stay proceedings without hearing the other side?

Yes, in urgent cases, an ex parte stay may be granted, but usually notice is issued.

Q5. What documents are attached?

Certified copy of the impugned order.
Copy of I.A./application dismissed.
Affidavit supporting stay.

Q6. What happens if a stay is not granted?

Proceedings in the lower court continue, which may make revision infructuous.

Q7. Is there a time limit to file a revision?

Yes, generally 90 days (varies by High Court rules).

Q8. Can revision be filed against a final decree?

No. Revision is for interlocutory or jurisdictional errors. Final decrees are challenged by appeal.

Q9. Is the personal presence of the petitioner required?

Not usually. Advocate files and argues; the petitioner may be required only if directed.

Q10. Can a stay order be vacated?

Yes, on application by the respondent if the petitioner delays proceedings or conceals facts.