Affidavit also needs to be filed with Miscellaneous Application seeking stay in a Civil Revision Petition Section 115 of the Civil Procedure Code. Details of Section 115 of the Civil Procedure Code is given below.
Sample Format of Affidavit to be filed with a Revision Petition seeking stay is given below:
BEFORE THE HON'BLE ___________ COURT AT _______
CIVIL MISCELLANEOUS PETITION NO.____ OF 20__
IN CIVIL REVISION PETITION NO____ OF ____
Mr. _______________________________ PETITIONER
VERSUS
MR. ________________________________ 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 referred to above. The deponent herein is well acquainted with the facts and circumstances of the case and being so, stands fully competent to swear to this affidavit. The deponent herein will be referred to as the petitioner hereinafter.
2. It is respectfully submitted that the maintainability of the appeal referred to above was questioned by the petitioner vide I.A. No _____ before the district Court on a preliminary ground. The said Court dismissed the said application by its order dated ____ aggrieved by which the abovementioned Revision Petition has been filed by the petitioner.
3. For the sake of brevity, the contents of the Memorandum of Civil Revision Petition may be read as part of this affidavit.
4. It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by this Hon'ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable.
5. In view of the aforementioned circumstances, it is clear that if without hearing the maintainability of the appeal, the same is allowed to be proceeded with and heard on merits, the petitioner will suffer irreparable loss and injury.
6. It is, therefore, in the interest of justice, equity and conscience that this Hon'ble Court may stay all further proceedings in the aforesaid appeal until the accompanying Civil Revision Petition is finally disposed of.
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
Section 115 "Revision"
(1) The High Court may call for the record of an case which has been decided by
any Court subordinate to such High Court and in which no appeal lies thereto,
and if such subordinate Court appears-
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity, the High Court may make such order in the case as it thinks fit :
Provided that the High Court shall no, under this section, vary or reverse any
order made, or any order deciding an issue, in the course of a suit or other
proceeding, except where-
(a) the order, if it had been made in favour of the party applying for revision,
would have finally disposed of the suit or other proceedings, or
(b) the order, if allowed to stand, would occasion a failure of justice or cause
irreparable injury to the party against whom it was made.
(2) The High Court shall not, under this section, vary or reverse any decree or
order against which an appeal lies either to the High Court or to any Court
subordinate thereto.
Explanation.-In this section, the expression "any case which has been decided"
includes any order made, or any order deciding an issue in the course of a suit
or other proceeding.
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court