IN THE COURT OF LD. DISTRICT & SESSION COURT, NORTH DISTRICT, ROHINI COURTS, NEW DELHI

Revision petition No. XX/20XX

IN THE MATTER OF:-            

XXXXXXX                                                                REVISIONIST

                                         VERSUS

XXXXXXX                                                                RESPONDENTS

INDEX

1.

2.

3.

4.

5.

6.

DATE:                                                                            REVISIONIST

PLACE:                 THROUGH

                                                                                       COUNSEL

                     XXXXX & ASSOCIATES

IN THE COURT OF LD. DISTRICT & SESSION COURT, NORTH DISTRICT, ROHINI COURTS, NEW DELHI

Revision petition No. XX/20XX

IN THE MATTER OF:-            

XXXXXXX                                                                       REVISIONIST

                                         VERSUS

XXXXXXX                                                                       RESPONDENTS

MEMO OF PARTIES

XXXXX

THROUGH ITS PROPREITOR

XXXXX

XXXXX                                                                REVISIONIST

V/S

XXXXX 

THROUGH ITS PROPRETOR                    

XXXXX                                                               RESPONDENT NO.1

XXXXX

PROPREITOR OF

XXXXX

BOTH AT:-

XXXXX                                                                RESPONDENT NO.2

DATE:                                                                  REVISIONIST

PLACE:                                         THROUGH

                                                                                    COUNSEL

                                                                           XXXXX & ASSOCIATES

IN THE COURT OF LD. DISTRICT & SESSION COURT, NORTH DISTRICT, ROHINI COURTS, NEW DELHI

Revision petition No. XX/20XX

IN THE MATTER OF:-            

XXXXXXX                                                                       REVISIONIST

                                         VERSUS

XXXXXXX                                                                       RESPONDENTS

REVISION PETITION U/S 397 READ WITH 399 OF Cr.P.C. ON BEHALF OF THE REVISIONIST AGAINST THE ORDER OF LD. M.M, DATED-XXX IN “M/S XXXX VERSUS M/S. XXXX

MOST RESPECTFULLY SHOWETH:-

1.       That the present revision is filed before this Hon’ble Court against the order dated XXXX in the matter as under titled XXXX Versus XXXX vide case No. XXXX pending before Hon’ble court XXXX, MM-06 North District and the following order-

None for the Complainant.

None has appeared on behalf on behalf of complainant since morning.

Perusal of records reveals that none appeared on behalf of complainant for the last three dates of hearing. In these circumstances it is clear that complainant is not interested in pursuing the present complaint. Complaint is hereby is dismissed in default for non prosecution and non appearance.

File be consigned to record room, after due compliance”

2.       That the complaint was filed on XXXX against the accused person and the accused person did not pay the bill amount to the complainant/revisionist and respondent/accused issued the part payment amount of Rs. XX/- through cheque and the said cheque was dishonoured on XXXX and the same was business transaction between the complainant/revisionist.

3.       That the complaint was registered vide Case No. XXXX and the Ld. M.M was pleased to issue the summons to the respondents/accused and the same summons were not received back on XXXX and Ld. M.M was pleased to issue fresh summons to the respondents/accused and also ordered for the service of summons through SP concerned and also Ld. M.M directed to the processs server to affix the summons in case of refusal/unavailability of the accused and simultaneously, process issued through speed post also and the matter was put up for XXXX.

4.       That on XXXX, Ld. M.M was pleased to issue bailable warrant in a sum of Rs.XX/-against the respondent/accused, since the effective service of summons was served to the respondent/accused and in spite of receiving the summons, the respondent/accused chosen not to present before Ld. M.M and matter was fixed for XXXX.

5.       That on XXXX, the report for execution of bailable warrant has not received back to the court and again fresh bailable warrant of Rs. XX/- issued against the respondent/accused person in this case through concerned SHO and the matter was fixed for XXXX.

6.       That again on XXXX, report of bailable warrant has not received back to the court and the same was received back unexecuted and Ld. M.M was pleased to issue bailable warrant of Rs. XXXX/- against the respondent/accused in the matter and the same was to be served through concerned SP and the matter was fixed for XXXX .

7.       That on XXXX, Ld. PO was on leave and the counsel of revisionist could not appear before the Ld. M.M court since the counsel for the complainant was contesting Bar Council Election and the Election was held on XX & XX of XXXX and because of the same reason, neither the counsel nor any proxy appeared before the court of Ld. M.M, Rohini Courts, Delhi.

8.       That after the elections, in the month XX starting, the associates namely XXXX and XXXX, who was working with the counsel for the revisionist/complainant left the office of counsel and started his own practice and could not conveyed the exact date in the diary of revisionist/complainant’s counsel and that is why on XXXX, XXXX, nobody could be able to appear before Ld. M.M and the counsel could not appear before this Hon’ble Court because the internal election of the Bar Council could take place after a long period i.e approx XX months and the counsel then succeeded as Hony. Secretary of Bar Council of Delhi and counsel could not see the proper legal work for that period and that is why could not convey the same to the revisionist/complainant and it is admitted on the part of counsel that it was purely his fault that he could not convey the same to the revisionist/complainant.

9.       That the absence of the applicant on the date of hearing was neither intentional nor willful but because of the sufficient reasons mentioned above stated.

10.     That in the present case, the respondent/accused never appeared before the court of ld. M.M, in spite of bailable warrants issued by Ld. M.M and the counsel for the revisionist/complainant always follow the directions of the Ld. M.M and deposited process fee four times in the matter but the respondent chooses not to appeared before the court of Ld. M.M, Rohini Courts, Delhi.

11.     That the total outstanding amount on respondent is more than Rs. XX and that too dealing of fruits since the revisionist is the fruit trader, whole seller of imported fruits and supply fruits all over India and the transaction between the revisionist and respondent was the business transaction and the respondent purchased the fruits from the revisionist and did not pay the amount to the revisionist in spite of more than XX years.

12.     That in interest of justice therefore, demands that the case is restored to its original position so that the substantial dispute involved in the case can be adjudicated upon on its merit by this Hon'ble court.

13.     That after the month of XXXX the office of counsel shifted from XXXX to XXXX and the main diary where the entries of the cases mentioned got misplaced and could not searched and this is also one of the reason, the Counsel could inform to the revisionist/complainant about the case.

14.     That when the diary found in the office then counsel checked the status of the cases and immediately appointed XXXX, Advocate to inspect the file and after that the counsel came to know that the matter was dismissed in default for non prosecution and appearance.

15.     That the non appearance of the counsel of revisionist or the revisionist on XXXX and before neither intentional nor deliberately but due to the above said reasons only.

16.     That after getting the status of the case, the counsel filing the present application before this Hon’ble Court.

                                              PRAYER

(i).      It is therefore, most respectfully prayed to this Hon’ble court in the interest of justice to kindly allow the present revision petition and set aside the order dated-XXXX of Ld. M.M, XXXXXX in XXXX & XXXX” (case No. XXXX) in the interest of justice.

(ii).     Further order/orders /reliefs which deem fit and proper in favor of the Revisionist against the respondents in the interest of justice.

 Date-                                                                           Complainant

 Delhi                                through     

                                                                                    Counsel

                                                                                    (XXXXXX)

                                                                                    (XXXXXX)

IN THE COURT OF LD. DISTRICT & SESSION COURT, NORTH DISTRICT, ROHINI COURTS, NEW DELHI

Revision petition No. XX/20XX

IN THE MATTER OF :-

XXX                                                                               REVISIONIST

                                         VERSUS

XXX                                                                               RESPONDENTS

                                                                        AFFIDAVIT

Affidavit of XXXX , Proprietor of XXXX at XXXX , do hereby solemnly affirm and declare as under:

1.That the deponent is the revisionist in the above noted case, which is filed before this Hon’ble Court and is conversant with facts and circumstances of the case.

2.That the accompanying revision has been drafted by my counsel as per my instructions, which have been explained to me in vernacular also and the same are true and correct and the contents of the same may please be read as part and parcel of this affidavit and the same has not been reproduced for the sake of brevity.                                                                                                                                          

                                                                                                                        DEPONENT

VERIFICATION-:

Verified at Delhi on this    day of XXXX, 20XX that the contents of para 1 to 2 above are true and correct and nothing has been concealed therefrom.                                                                                                                                                                                                                                                      DEPONENT