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Format of an appeal against a decree

Important points to remember-

Appeal can be made against a decree or an order.
Appeal against a decree: Provision for first appeal is provided in Sections 96-99 of CPC. Provision for second appeal is given in Section 100-103 of CPC.
Appeal against an order: Section 104.
Procedure for appeal is laid down in Order 41 : Memorandum of Appeal –

First appeal against decree or order passed by lower courts such as CJ-Class I or II, Court of Munsif, which are subordinate to District Court, is filed in the District Court.
First appeal against a decree passed by District Court is filed in the High Court.

IN THE COURT OF DISTRICT & SESSION JUDGE, [[DISTRICT OR PLACE]].

Civil Appeal No. … / 2009
Under Section 96 of CPC, 1908.

IN THE MATTER OF:

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

Or

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff/Appellant

Versus

[[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

Or

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . Defendant/Respondent

                                                                      MEMORANDUM OF APPEAL

Sir,

The aformentioned plaintiff-appellant appeals against the Judgement and decree of the Court of Civil Judge Class II, at Indore, passed in Original Suit No 1234 of 2009 between A. B s/o B. C vs M.N s/o O. P., dated 10/10/2014, and sets forth the following grounds of objection to the decree appealed from :-    Value of the suit:
    Value of appeal:
    Court Fee Paid:

  • That the orders passed by the Learned Lower Court are contrary to the provisions of law and the principles of natural justice.
  • That the findings arrived by the Learned Lower Court are not supported by the evidence on record.
  • That the Learned Lower Court committed an error in holding that the house premises are not required by the plaintiff/appellant for his personal bonafide occupation.
  • That the copy of the Judgment and the Decree against which this appeal has been preferred is attached alongwith.
  • 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.
  • That the necessary court fee is paid herewith.

PRAYER:

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. Further that the cost of this petition be awarded in favor of plaintiff-appellant.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[Signature of the Plaintiff/Appellant]

[Name of the Plaintiff/Appellant]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date:1st day of January 20…]] that the contents of paras 1 to … of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras …. to …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.

[[Signature of the Plaintiff]]

[[Name of the Plaintiff]]

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