MEMORANDUM OF APPEAL UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908

 

🏛 IN THE COURT OF [APPELLATE COURT NAME]

(e.g., District Judge / High Court)

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First Appeal No. ___ of 20__

In the matter of:
Appellant:

• [Name],
  S/o / D/o / W/o [Name],
  Resident of [Full Address],
  [Mobile No., Email if applicable]

Versus

Respondent:

• [Name],
  S/o / D/o / W/o [Name],
  Resident of [Full Address],
  [Mobile No., Email if applicable]

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MEMORANDUM OF APPEAL UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908

The Appellant most respectfully submits as under:

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1️⃣ Details of the Appeal

1. Appeal Against:
   Judgment and Decree dated __ / __ / 20__ passed by the [Name of Trial Court] in Civil Suit No. __ of 20__.

2. Date of Judgment/Decree Appealed From:
   __ / __ / 20__

3. Limitation:
   The present appeal is within the period of limitation as prescribed under Article 116 of the Limitation Act, 1963.

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2️⃣ Facts of the Case

(Provide a concise summary)

• That the Appellant filed a suit / was the defendant in Civil Suit No. __ of 20__ before the [Trial Court].

• That by its judgment and decree dated __ / __ / 20__, the learned Trial Court passed a decree in favour of the Respondent / against the Appellant.

• That the Appellant is aggrieved by the said judgment and decree on the following grounds.

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3️⃣ Grounds of Appeal

(Without prejudice to one another, the Appellant raises the following grounds:)

1. Because the learned Trial Court erred in law and facts by ___ (state the error, e.g., ignoring material evidence).

2. Because the findings of the learned Trial Court are perverse and contrary to the record.

3. Because the learned Trial Court misinterpreted the provisions of law applicable to the case.

4. Because the judgment and decree is against the settled principles of law.

5. Because the Appellant was denied a fair opportunity / was proceeded ex parte without sufficient reason.

(Add or customize grounds based on your case.)

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4️⃣ Prayer

In light of the above, the Appellant most respectfully prays that this Hon’ble Court may kindly:

a) Admit the present appeal;
b) Set aside / modify the judgment and decree dated __ / __ / 20__ passed by the [Trial Court] in Civil Suit No. __ of 20__;
c) Grant such other and further relief(s) as may be deemed just and proper in the facts and circumstances of the case.

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5️⃣ List of Enclosures

1. Certified copy of the judgment

2. Certified copy of the decree

3. Copy of the plaint and written statement (if needed)

4. Copy of evidence (if needed)

5. Court fee

6. Vakalatnama (if filed through advocate)

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Place: [Location]

Date: __ / __ / 20__

[Signature of Appellant / Advocate]
(Name of Advocate, Enrollment No.)
(Address, Contact Details)