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Sample bail application

November 17, 2020

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This article is written by  Abhinav Anand,  from DSNLU, Visakhapatnam. This article deals with
bail applications. It focuses on different kinds of bail granted to accused. It also deals with
different provisions of the code of criminal procedure dealing with bails. 

Table of Contents

 Introduction
 Bail application
 Usage
 Necessary contents of the application
 Tips to write a proper bail application
 Procedure for filing a bail application

o Bail in bailable offences

o Bail in non-bailable offences

o Anticipatory bail
 Sample of bail application
 Conclusion

Introduction
When a person is arrested he/she has a legal right to get the bail. Bail is the legal release of a
person from the custody of the police who is charged with certain offences.

Bail application
Bail application is filed before the court under Form 45 in the 2nd schedule for the release of a
person in custody. The bail is filed by the advocate on behalf of the accused. The accused has to
furnish bond and sureties before the court then he is released on the bail. 
Usage
The bail application is filed by the advocates on behalf of the accused of the provisional release
of the accused. The arrest is made in criminal cases to ensure that the accused must be present
before the court during the process of trial. But, if the accused agreed to be present in the court,
without going into jail. Then, in that case, it is unfair to restrict his personal liberty, so the
provision of bail is included in the provisional laws. The accused may be charged with bailable
and non-bailable offences, but they can be granted bail. The accused has to follow the necessary
condition laid down in his bail application. If the accused jumps any of the bail conditions, then
the police have the power to arrest the accused.

Necessary contents of the application

These are the following necessary content of the bail application:

1. The name of the magistrate court under whom the bail application is filed.
2. The section of CrPC must be mentioned under which the application is moved.
3. The name of the parties must be mentioned.
4. The FIR number should be mentioned.
5. The name of the police station in which the accused is in custody should be mentioned.
6. The date on which the accused was taken into custody.
7. The ground on which the accused should be granted bail should be mentioned.
8. The surety of accused not absconding if bail is granted should be mentioned.
9. The accused will present before the court whenever required to be present.
10. The accused will not leave the country without the permission of the court should be
mentioned.
11. The counsel in prayer should ask the court for granting the bail on the abovementioned
ground.
12. The applicant should sign the bail application. 

Tips to write a proper bail application

 Stringent bail conditions

The duty of the advocate appearing on behalf of his client is to adhere to the strict bail
conditions. In cases where the defendant is arrested on breaching the bail condition, then it is not
the duty of the advocate to ask the court to allow the bail on more stringent conditions. If the
prosecution proposes bail conditions which appear unnecessary onerous then it’s the duty of the
advocate to argue before the court in a normal way. The duty of the advocate is not to advise
their client to agree on any bail condition, as it will create more problems for the client. The
advocate can argue before the court on less stringent conditions and the magistrate may grant
bail on less stringent conditions.

 Maintain consistency with the existing bail conditions

It is the duty of the advocate to look that the bail condition in the application must be consistent
with the pre-existing bail condition. 

 Order of address

It is important for the applicant to be present in court. He should listen to the proceedings of his
hearing. The formal address should be as follows:

1. The defendant indicates that they are submitting for the bail.
2. The prosecution opposes the submissions of the defendant and provides the ground for
the refusal of the bail.
3. The defendant makes further submission by replying to the opposition and asking the
court to grant the bail.
4. The advocate has to make sure that the submission should be accurate and concise. The
submissions should impress upon the court. The advocate should make an argument
rather than a scenario. The advocate should avoid personal style of writing.

Procedure for filing a bail application

There are three types of bail:

1. Bail in bailable offences

2. Bail in non-bailable offences
3. Anticipatory bail

Bail in bailable offences

Section 436 of the Code of Criminal Procedure provides for the bail of a person alleged of
committing a crime which is bailable in nature. The bail is the right of the person this section
further casts an obligatory duty on the police or the court to grant bail to the person alleged of
committing crime bailable in nature. This section further clears that whenever a person who is
alleged of committing a crime which is bailable in nature makes an application before the court
or the police office then the court or the police official has to allow the bail. It is also the duty of
the police officer to release the person on his personal bond, in spite of the order of surety, he
fails to produce the surety within 7 days. While casting such duty on police officer law raises a
presumption in favour of the accused to the effect that the accused is indigent and poor so that he
cannot arrange surety and therefore he has to be released on personal recognizance.

A new Section 436A is included in the year 2005 for the undertrial prisoners. Under 436A, if a
person has undergone half of the maximum sentence for the alleged offence, then he will be
released on the personal bond with or without the surety.

In Maulana Mohammad Amir Rishadi vs. State of U.P and Anr., the supreme court held that
merely on the basis of criminal antecedents bail cannot be denied. In Sumit vs. State of U.P, the
court held that even if there are other criminal cases pending the accused can be granted bail.
In Chandraswami and other vs. CBI, it was held that the accused may leave the country after
seeking permission of the court, but the reason given by the accused was to propagate Hindu
religion found to be unsatisfactory, hence the permission was not granted. In Arnesh Kumar vs.
State of Bihar and Anr., it was held that the Police officer need not arrest accused unnecessarily
and the magistrate did not order detention casually and mechanically. The checklist
under Section 41 must be provided to the police and should be furnished and filled by the
accused. The police officer shall furnish the same before the magistrate for authorizing the
detention.

Bail in non-bailable offences

Under Section 437 of the code of criminal procedure if any person is suspected of, alleged of,
detained for committing any non-bailable offence is arrested without warrant or appears before a
court other than a high court or court of sessions, he may be released on bail, but such person
may not be released on bail if:

1. If there is reasonable ground to believe that he is guilty of a crime punishable with

death or life imprisonment.
2. If such offence is a cognizable offence and he had been previously convicted for an
offence punishable with life imprisonment or death, or an offence punishable with
imprisonment for 7 years or he had been previously convicted for two times of an
offence that is cognizable and non-bailable.
3. He may be released if the age is under sixteen or is a woman or is sick or infirm.
4. He may be released if it is just and proper so to do for any other special reason.
5. He may be released on bail if the police officer at any stage of investigation believes
that there is no sufficient ground for non-bailable offence, or further investigation is
required subject to provision of Section 446, then he may be released on bail bond
without sureties.
6. If at any time during the trial and before the judgment, if the court is of the opinion that
the accused is not guilty of any such offence, then it may release him on bail without
sureties.

Anticipatory bail
The anticipatory bail is granted under Section 438 of the Code of Criminal Procedure. If a person
has an apprehension or reason to believe that he can be arrested for any non-bailable office, then
he can go for the anticipatory bail. The person can go to court or sessions or high court for
anticipatory bail. The prerequisite for the anticipatory bail is that the offence must be non-
bailable. The session court or the high court looks into the merits of applications. The court while
granting the anticipatory bail also peruses the antecedent of the applicant, it considers the past
history of the applicant, the possibility of the applicant fleeing from justice. The court also looks
into the fact that the accusation is made to humiliate the accused and tarnish his image in society.
If the respective court has not passed any order then the officer in charge has the power to arrest
the person without warrant.

Section 438(2) provides for the following conditions for granting the anticipatory bail
application:
 1. The person shall make available for the interrogation before the police as and when
required.
2. The person shall not make any threat, inducement or any promise to any witness.
3. The person shall not leave India without the permission of the court.

Sample of bail application

BEFORE THE DISTRICT AND SESSIONS COURT AT BEGUSARAI

IN THE MATTER OF 

STATE 

ABHISHEK SINGH

FIR NUMBER: 5510/2020

UNDER SECTION: 302/326/420 OF IPC

POLICE STATION: MATIHANI, BEGUSARAI

ACCUSED UNDER CUSTODY SINCE 20TH MARCH, 2020

APPLICATION UNDER SECTION 437 OF CODE OF CRIMINAL PROCEDURE CODE ON

BEHALF OF THE ACCUSED (ABHISHEK SINGH, S/O- RAMDHESHWAR SINGH, R/0-
MATIHANI, BEGUSARAI)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered under false and bogus facts. The facts stated
in the FIR are fabricated, concocted and manipulated.
2. That the police have falsely implicated the applicant, the applicant is the respectable
citizen of the society and he has no criminal antecedents.
3. The facts initiated against the applicant is civil dispute and does not constitute any
criminal case against him.
4. That the applicant is not required in any kind of investigation, nor any custodial
interrogation, no recovery can be made out at the instance of the applicant.
5. That the applicant is having good antecedents, he belongs from a good family, and
there are no criminal cases pending against them.
6. That the applicant is a permanent resident and there is no chance of absconding from
the course of justice.
7. That the applicant undertakes to present before the court or police whenever required
to.
8. That the applicant undertakes that he will not, directly or indirectly, make any
inducement, threat or any promise to any person acquainted with the facts of the case
so as to dissuade him to disclose any such facts to the court or the police officer.
9. That the applicant further undertakes not to tamper with the evidence or witness of the
case in any manner.
 10. That the applicant shall not leave India without the previous permission of the court.
11. That the applicant is ready and willing to accept any other condition the court or police
officer willing to impose in relation with the case.

PRAYER

It is therefore prayed that the court may order for the release of the applicant in the order of the
justice. And the other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in the favour of the applicant.

APPLICANT

THROUGH

COUNSEL

Conclusion
The procedure of bail in the country needs to be changed. The recent amendments in the bail
procedure are not sufficient to cope up with the existing problems. The concept of bail bonds
needs to be replaced with some other effective instrument that will create deterrence in granting
bail. The bail procedure needs to make the poor friendly, the hefty amount charged by the courts
in the bail bond. 

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MEMO OF APPEAL

IN THE COURT OF THE DISTRICT JUDGE AT _________

           

 Civil Appeal No. __/20__

__________________________________________

__________________________________________            Appellant

                             Vs.

_________________________________________              Respondent

_________________________________________             
 BEING AGGRIEVED BY AND DISSATISFIED WITH the judgment and order,
dated____, passed by the Small Causes Judge, _____, in Civil Suit No.
____________, the present appellant prefers this memo of appeal on the following
amongst other grounds of objections thereto:

1.      That the Learned Lower Court has not followed the proper
procedure, and this has resulted into miscarriage of justice.
2.      That the orders passed by the Learned Lower Court are violative of
the principles of justice, equity and good conscience.
3.      That the orders passed by the Learned Lower Court are contrary to
the provisions of law and the principles of natural justice.
4.      That the Learned Lower Court has failed to consider the evidence
on record in a judicious manner.
5.      That the findings arrived by the Learned Lower Court are not
supported by the evidence on record.
6.      That the necessary issues of law and fact have not been framed
and answered by the Learned Lower Court.
7.      That the Learned Lower Court ought to have decided the matter
under appeal in favour of this appellant.
8.      That the Learned Lower Court ought to have held that the
respondent had no right or authority to terminate the tenancy of this
appellant.
9.      That the Learned Lower Court was at an error in holding that the
suit premises are required by the respondent for his personal bonafide
occupation.
10.  That the Learned Lower Court was wrong in holding that this
appellant has acquired any other suitable accommodation.
11.  That the Learned Lower Court has having answered the first issue in
the negative decided the rest of the issues against the appellant,
which itself is improper and illegal.
12.  That the Learned Lower Court has in a very summary manner and
roundabout fashion tried to interpret the concept of acquisition of
other suitable accommodation.
13.  That the Learned Lower Court, while deciding the application for
interim injunction, has, in fact, decided the suit itself, and this is
contrary to the provisions of law.
14.  That the Learned Lower Court has misinterpreted all the relevant
provisions of law as laid down in the ____________ Act.
 15.  That the Learned Lower Court has not considered the very fact that
the balance of convenience was only in favour of this appellant,
16.  That the order is dated____, while its certified copy was applied for
on_______, the same was delivered on______, and hence, the appeal
filed today is well within limitation.
17.  That the necessary court fee is paid herewith.
18.  That the appellant, therefore, prays that for the reasons stated
above and as may be argued at the time of hearing, the record and
proceedings be called for, this appeal be allowed, the orders under
appeal be set aside and quashed, and orders deemed just and proper
be kindly passed, for which act of grace and favour, this appellant as
bounden in duty shall ever pray.
 

Place _____________

Date _____________

Sd/-

_________________

APPELLANT

           

Sd/-

_______________

ADVOCATE FOR APPELLANT

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How to draft a revision petition

January 27, 2021

16271 Views

Image source - https://bit.ly/2Bhveiz

This article is written by Sukeerti K G who is pursuing a Certificate Course in Advanced Civil
Litigation: Practice, Procedure and Drafting from LawSikho.

Table of Contents

 Introduction
 What is a Revision Petition?
 When can you file a Revision Petition?
  Where should you file a Revision Petition?
 Limitation Period
 Precedents
 Checklist for a Revision Petition Case
 How should your draft be for a Revision Petition?
 Sample draft Revision Petition
 Points to remember
 Conclusion

Introduction
Are you stuck on how to draft a petition before the High Court that is more likely to explain your
case in the best possible way? Or do you want a comprehensive checklist that can be used to
ensure that your application doesn’t miss any essential ingredients of a Revision Petition? Or do
you simply want to know how a Revision Petition practically works in court? Then, this article is
for you. 

What is a Revision Petition?

A Revision Petition is an application made to a High Court to correct the mistakes made by the
Courts subordinate to it. The High Court of a State has power to supervise the works of the
subordinate court under its Jurisdiction. The High Court has power to oversee, correct and
improve if the sub-court has committed any illegality, irregularity, capriciously, has acted
arbitrary, or has committed some error in procedure. For Example:  Madras High Court has
power to supervise all courts which are under its Jurisdiction. Section 115 of the Code of Civil
Procedure, 1908 explains when the High Courts can exercise this power.  (herein referred as
‘CPC’).

Thus, the HC revises the order made by the subordinate court if the court has made a
jurisdictional error. This article is mainly for how an RP should be drafted and not what is an
RP. 

A suit is filed in a small cause court and its pecuniary limit of the Small Cause Court is
Rs.10,000. The money in dispute is Rs. 5000. Under section 96(4) no appeal will lie from a
decree of the Small Cause Court if the value of the subject doesn’t exceed Rs. 10,000 unless it is
based on a question of law. Therefore, in this case, an appeal cannot lie in the High Court or any
court subordinate to it. But, if the prerequisite conditions under section 115 are fulfilled then a
Revision Petition can lie in the High Court. Thus, if an appeal does not lie, and the matter
pertains to a question of fact and not question of law and such question is relating to the failure
in exercising the jurisdiction or in exercising the jurisdiction not vested or the court had acted
with illegality or with material irregularity then a Revision Petition may lie in the High Court.

When can you file a Revision Petition?

1. The impugned order amounts to a case decided.
 2. The case has been decided by a court subordinate to the High Court. (a court can pass a
number of orders in a suit and such order need not be the final one.)
3. No appeal must be filed against the suit in the High Court or any other court which is
subordinate to the High Court.
4. The subordinate court appears to have:
o Exercised jurisdiction not vested in it by law;
o Failed to exercise jurisdiction vested;
o To have acted in the exercise of the Judge illegally or material irregularity.

Where should you file a Revision Petition?

Revisionary power can only be enforced by the High Court of the State. It comes under the
Appellate Jurisdiction of the High Court. It is almost similar to the power of courts under Article
226 and 227 of the High Court, but the writ jurisdiction powers are much wider. 

Limitation Period
The period of limitation for filing a revision application is 90 days from the date of decree or
order of the subordinate court.

Precedents
 High Court cannot interfere in the decision of the lower court unless there is error apparent on
the face of record.
 The HC in exercising the revisional powers cannot in any circumstance (even when the parties to
a suit consent) cannot decide on any other point other than what is conferred under section
113. Doing so would render the suit as tried under Original Jurisdiction of the High Court,
which is not permissible under the CPC.
 The scope of HC in RP is wide, but, the court does not possess the power to decide the validity
of the provision of the Act.
 Where the lower court held that the pro-note was insufficiently stamped and thus it is
inadmissible as evidence the revisional jurisdiction of HC was upheld. In the present suit, all
the conditions satisfying the document as a pro-note was satisfied and had it been a case
where the party had sufficiently stamped the pro-note, it would have been held admissible.
The lower court had erred in exercising its jurisdiction as stamp is a technicality and can be
corrected in a later stage. When the evidence is material to a case it cannot be rejected on a
mere technicality alone. 

Checklist for a Revision Petition Case

1. A prima facie case should be in your favor where the lower court has acted beyond its
jurisdiction or failed to exercise its jurisdiction.
2. The order should be final, it should not be for a temporary period of time or an interim
order.
 3.  The Order should not be an appealable order i.e., no appeal can lie either in a High
Court (directly or indirectly) or any other court. 

How should your draft be for a Revision Petition?

1.

1. The necessary format should be followed which is the cause title, name of
court, memo of parties, Index, etc.(Look into the applicable state rules as
various states have certain additional requirements. Like in Delhi High Court
you should certainly provide with an Index and List of Dates and Events).
2. The first para should state that a revision petition is filed under section 115
of the CPC and thereby the petitioner is challenging the impugned order of
the subordinate court.  Also, mention the case number and attach a Certified
Copy of the order which you are challenging. 
3. Describe briefly where the subordinate court has gone wrong and justify
your reason for approaching the court. This para should be able to convey the
outline of your case and the Judge should have a fair outline of what you are
going to explain in the paras below. 
4. State a brief explanation of the original suit so the Judge has a better
understanding of why you have approached the High Court for revision. Do
not delve into the facts of the case and explain in detail as the High Court
only looks if there has been a ‘Jurisdictional error’. 
5. After stating the brief facts in 3 to 7 paragraphs (there is no rule as to how
many paragraphs, this explanation depends on the dispute and matter in
hand, some cases may require lengthy paragraphs and some may not. There
is no straight jacket formula for applying this rule.)
6. You should state in concise terms the facts and where the subordinate court
had committed a jurisdictional error or had acted with illegality or
immorality. This can be essentially under the head of grounds for filing the
revision petition.
7. Under the grounds explain all of the reasons which led to the filing of the
present revision petition. Provide the court with valid provisions applicable
and where the Sub-Court had failed to use its powers or had no power but
had used it which has caused injustice to the petitioner and if it’s a violation
of natural justice principle or fair trial state that also. 
8. If, in case it is difficult for you to find the grounds you can take a crux/ratio
of a judgement and quote it as a ground. Like in the particular SC Case the
Apex Court had held that this should be followed in these kinds of
proceedings. The lower court has disregarded it. Thus, it is an irregularity
and a case fit for revision. 
9. State why the intervention of the higher court is necessary and explain
briefly the consequences of non-intervention. Also state that it would be
grave injustice caused to the petitioner if the court does not intervene. 
10. State the next date of hearing and before which court the case is pending.
Also attach a copy of your plaint/written statement, in case the Revisionary
 Court finds it important to look into the plaint/written statement to better
understand the problem. The reason for providing a date is so that, if a stay
order is granted, the court would definitely want to know when the next
hearing is.
11. In the last paragraphs state that there is no appeal directly or indirectly to the
High Court or to any other court subordinate to it. 
12. Prayer should state the exact requirements or remedies which you seek from
the court.

Sample draft Revision Petition

IN THE HIGH COURT OF MADRAS

CIVIL APPELLATE JURISDICTION

CIVIL REVISION NO.333 OF 2020

MEMO OF THE PARTIES

Name &

Address……………………………………………………….Petitioner (Plaintiff/Defendant)

Versus

Name &

Address……………………………………………………….Respondent (Plaintiff/Defendant)

INDEX

S. No. Description of Documents Page No.

1.  Court Fees  

2. Memo of Parties  

3.  List of Dates and Events  

4. Revision Memo under Section 115 of the CPC, 1908.  

5. Impugned Order dated 15/07/2019  

6. Vakalatnama  

Place: 
Date : 

(Counsel for the Petitioner)

IN THE HIGH COURT OF MADRAS

CIVIL APPELLATE JURISDICTION

CIVIL REVISION NO.333 OF 2020

Name……………………………………………………………..Petitioner (Plaintiff/Defendant)

Versus

Name……………………………………………………………..Respondent
(Plaintiff/Defendant)

REVISION PETITION UNDER SECTION 115 OF THE CIVIL PROCEDURE CODE,

1908 CHALLENGING THE ORDER PASSED ON _____IN THE CASE NO._____.

The Petitioner MOST RESPECTFULLY SHOWETH: 

1. That, the instant Revision Petition is filed by the Petitioner under Section 115 of the Code of
Civil Procedure (CPC), 1908 being aggrieved by the Order dated _______ passed by the Ld.
Civil Judge, ______________, New Delhi in Civil Suit No. ________of 2019 seeking to set
aside the same. The certified copy of the impugned order is annexed hereto and marked
as Annexure A1.

2. The Petitioner seeks the intervention of the Hon’ble Court as the subordinate court had refused
to summon two important witnesses who were determinant to the case. Without the court
intervention, and thereby issuing an Order of Summons, there is no way that they would appear
and answer on Oath. The non-appearance of the witness would lead to grave injury caused to the
Petitioner. Thus, this petition to direct the Subordinate Court to issue summons to the witness
and thereby exercise the jurisdiction the court has. 

BRIEF FACTS OF THE CASE

3. The money suit was filed by the Petitioner on __________based on the contract entered into
by the Plaintiff and the Defendant for jointly bidding a tender floated by the Public Sector Unit
(PSU). It was agreed that the sale proceeds would be distributed equally to the bidders. 

4. The parties secured the tender in their favour for Rs.5,00,000 and the amount was credited to
the Defendants account. But, the value of the tender would least amount to Rs. 10,00,000.   
5. The Defendant after receiving the sale proceeds informed the Plaintiff that he had accepted the
tender for Rs. 5,00,000.   When the Plaintiff enquired the Defendant as to why such low amounts
were secured, the Defendant gave evasive response and never explained why such less amount
was received, when clearly the value of movies is much higher. As per the terms and conditions
of the contract half of the financial proceeds belong to the Plaintiff.

6. That the trial court framed issues on 19/01/2019 and directed the Petitioner to produce
evidence, upon which the Petitioner promptly furnished to the court below four witnesses
making a request that the witness should be summoned by that Court. 

7. The Plaintiff listed 4 witnesses out of which there are 2 witnesses from the PSU.

8. The Judge refused to entertain such a request and directed the Plaintiff to secure the
attendance of the 2 PSU witnesses on his own.

9. The Judge, after cross-examining the two other witnesses had passed an order to close the
witness of the Plaintiff (order dated 15/07/2019).

10. Two witness of the petitioner had appeared and their statements were recorded. However, the
learned Presiding Officer of the court below passed an order that the remaining witnesses be
produced by the petitioner-plaintiff on his own without seeking the assistance of the court. This
order was passed despite a request by the petitioner that at least those witnesses named in the list
who are State employees should be summoned by the court, as they are required to produce and
prove some official records.

GROUNDS:

i. That on the date of hearing the learned trial court by the order impugned in this revision
closed the evidence of the petitioner-plaintiff on the ground that the remaining
witnesses were not produced by him. 
ii. That the impugned order has caused great prejudice to the petitioner and if the same is
allowed to stand the petitioner’s suit is bound to fail.
iii. The Judge has failed to exercise the powers granted to him under Order XVI, Rule I of
the Civil Procedure Code, 1908.
iv. That the trial court has unjustifiably denied assistance of the court to the petitioner-
plaintiff to secure the attendance of his witnesses. The interests of justice demand that
he is provided with all legal assistance in this regard.
v. The purpose of summoning the two PSU witnesses has a great impact on the case. Only
on them giving testimony can the rights of the parties be decided and the justice can be
upheld and the real rights of the parties be decided. 
vi. That it is violative of the principles of natural justice and fair trial.

11. The Plaintiff submits that all court fees have been paid.

12. The Plaintiff submits that there is no appeal in the High Court or any other Court subordinate
to it. 
 PRAYER

In the facts and circumstances discussed above the petitioner prays that this Hon’ble Court be
pleased to

1. Quash and set aside the order under revision.

2. Direct the court below to provide assistance of the court for summoning the plaintiff-
witnesses. 

And pass any such other orders as the court may deem fit and proper in the light of the given
circumstances and thus render justice. 

Points to remember
 The power of the High Court to exercise its revisionary jurisdiction is discretionary. No
absolute power lies to the parties of a suit to file a Revision Petition as compared to an
appeal. 
 A Revision Petition can be filed only against orders which have attained finality. In case
of interim or interlocutory orders which are for a temporary period of time such as an
Order restricting the party from alienating the disputed party for a period of 6 months,
a RP will not lie. Note that temporary injunction, permanent and mandatory injunctions
are appealable orders and thus a revision petition would not lie. 
 There is a clear distinction between appeal and a case under section 115. The High Court
does not go into the facts and circumstances of the case in a revision petition. It only
looks into the aspect of where the lower court had assumed jurisdiction where it had no
jurisdiction or where the lower court has jurisdiction and has failed to enforce it. 
 The court will not reweigh or review the evidence of the case in hand. The High Court
after analysing, if it finds that there had been a jurisdictional error would pass
directions for the lower court to correct it. The High Court will not interfere in the case
and pass orders or decisions like in the case of appeal where the appellate court can
modify, alter, reverse or to remand a case.
 The High Court can exercise its revisionary powers Suo moto as well.
 The High Court cannot pass an order to set aside the findings of facts of the lower court.
 If a Revision Petition is filed, it would not operate as a stay proceeding to the original suit
unless the High Court has ordered a stay proceeding. It means that pendency of a
revision shall not operate as a stay of suit or other proceedings.  

Conclusion
Revision Petition is a remedy to parties if the Court has gone beyond its boundaries. It is not an
everyday occurrence but if the circumstances are grave a revision petition would be an effective
remedy for the aggrieved party by approaching a Higher Authority to resolve the grievances. 
Since it is a last resort of sought, the Petition must be drafted well to clearly make the Court
understand where the Lower Court has committed an error in simple and effective terms. Every
draft is different and thus makes to convey to the Court what is in your mind. Always keep in
mind that it is the discretion of the Court whether to grant relief or not, so make sure to draft the
Petition in such a way that the Court doesn’t find an opportunity to reject the Petition. Happy
Drafting!

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Categories: Drafting, Featured Student Assignments (LawSikho)

Tags: Limitation Period, Precedents, Revision Petition, Revision Petition Case

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