Regular First Appeal — Draft Packनियमित प्रथम अपील — ड्राफ्ट पैक

IN THE [COURT]

Regular Civil Appeal No. [___ of 20__]

(Appeal under Section 96 read with Order XLI CPC against the judgment and decree dated [date] passed by [trial court] in [Civil Suit No. ___ of 20__])

VERSUS

MEMORANDUM OF APPEAL UNDER SECTION 96 READ WITH ORDER XLI CPC

The Appellant above-named respectfully submits this appeal against the judgment and decree dated [date] passed by [trial court] in [Civil Suit No. ___ of 20__], whereby the learned trial court, [what the decree held — e.g. dismissed / decreed the suit for ____].

Being aggrieved and dissatisfied by the said judgment and decree, the Appellant prefers this appeal on the following amongst other

Grounds

1. BECAUSE the impugned judgment and decree are contrary to law, the pleadings and the evidence on record, and are otherwise perverse and unsustainable.
2. BECAUSE the learned trial court erred in that [the specific errors — where the court went wrong on facts and law].
3. BECAUSE the learned trial court misread and misappreciated the oral and documentary evidence on record, and drew conclusions unsupported by the material before it.
4. BECAUSE the learned trial court failed to appreciate the true nature and burden of the issues, and failed to record clear findings and reasons upon all the issues arising for determination.
5. BECAUSE the relief granted/refused by the impugned decree is contrary to the settled principles of law applicable to the case.
6. BECAUSE the Appellant craves leave to add to, alter or amend the foregoing grounds with the permission of this Hon'ble Court.

Valuation & court fee: For the purposes of court fee and jurisdiction, the appeal is valued at ₹[amount], being the value of the subject-matter, and the requisite ad-valorem court fee is paid on this memorandum.

Limitation: The appeal is being preferred within the prescribed period of 30 days from the date of the decree (excluding the time taken in obtaining the certified copy under Section 12 of the Limitation Act, 1963). [Where the appeal is beyond limitation, it is accompanied by a separate application under Section 5 of the Limitation Act to condone the delay.]

It is certified that a certified copy of the impugned judgment and decree is filed herewith along with this memorandum of appeal.

Prayer

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:—

1. allow this appeal and set aside the impugned judgment and decree dated [date] passed by [trial court] in [suit];
2. consequently, decree the Appellant's suit / dismiss the suit against the Appellant, as the case may be, in terms of the relief the Appellant is entitled to;
3. award the costs of this appeal and of the court below to the Appellant; and
4. grant any other or further relief this Hon'ble Court deems fit in the interest of justice.

Place: [place]    Date: [date]

 
APPELLANT
Through — [Advocate]

IN THE [COURT]

In Regular Civil Appeal No. [___ of 20__] — [Appellant] v. [Respondent]

APPLICATION UNDER ORDER XLI RULE 5 READ WITH SECTION 151 CPC FOR STAY OF EXECUTION OF THE DECREE PENDING APPEAL

The Appellant/Applicant respectfully submits:—

1. That the accompanying appeal against the judgment and decree dated [date] passed by [trial court] in [suit] has been filed; its contents are not repeated for brevity and may be read as part hereof.

2. Arguable case: the appeal raises substantial questions of law and fact and has a fair prospect of success, as set out in the grounds of appeal.

3. Substantial loss: if execution of the impugned decree is not stayed, the Appellant will suffer substantial and irreparable loss, and the appeal, if it succeeds, will be rendered infructuous.

4. That this application has been made without unreasonable delay.

5. That the Appellant is ready and willing to furnish such security for the due performance of the decree as this Hon'ble Court may direct (Order XLI Rule 5(3) CPC).

PRAYER: It is therefore prayed that this Hon'ble Court may be pleased to: (a) stay the execution of the impugned judgment and decree dated [date] during the pendency of the appeal; (b) grant an ad-interim ex-parte stay in the meanwhile; and (c) pass such further orders as this Hon'ble Court deems fit.

Place: [place]    Date: [date]    APPELLANT/APPLICANT   Through — [Advocate]

(Supported by affidavit.)

IN THE [COURT]

In Regular Civil Appeal No. [___ of 20__] — [Appellant] v. [Respondent]

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963 FOR CONDONATION OF DELAY IN FILING THE APPEAL

The Appellant/Applicant respectfully submits:—

1. That the accompanying appeal is directed against the judgment and decree dated [date] passed by [trial court] in [suit].

2. That there has been a delay of [__] days in the filing of the appeal beyond the prescribed period of limitation.

3. That the said delay is neither intentional nor wilful, but occasioned by the following sufficient cause: [reason for the delay].

4. That the Appellant has been vigilant and has a good case on merits; the delay is bona fide and no prejudice will be caused to the Respondent that cannot be compensated by costs.

5. That it is in the interest of justice that the delay be condoned and the appeal be heard on its merits, substantial justice being preferred over a technical approach.

PRAYER: It is therefore prayed that this Hon'ble Court may be pleased to condone the delay of [__] days in filing the appeal, and to admit and hear the appeal on merits, in the interest of justice.

Place: [place]    Date: [date]    APPELLANT/APPLICANT   Through — [Advocate]

(Supported by affidavit.)