Format of an appeal against a decree
- 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 Judge, Indore
Civil Appeal No. ... / 2009
Under Section 96 of CPC, 1908
A. B. s/o B. C.
123, A B Road, Indore, MP
M. N. s/o O. P.
456, A B Road, Indore, MP
Memorandum of Appeal
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 10/10/2009, and sets
forth the following grounds of objection to the decree appealed from :-
Value of the suit:
Value of appeal:
Court Fee Paid:
(1) That the orders passed by the Learned Lower Court are contrary to
the provisions of law and the principles of natural justice.
(2) That the findings arrived by the Learned Lower Court are not supported by the evidence on record.
(3) 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.
(4) That the copy of the Judgment and the Decree against which this appeal has been preferred is attached alongwith.
(5) 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.
(6) That the necessary court fee is paid herewith.
(7) 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.
Advocate for Plaintiff-Appellant
I, ______, do hereby verify that the contents from paras 1 to 5
are correct and true to the best of my knowledge and personal belief
and no part of it is false and nothing material has been concealed
therein. Affirmed at Indore this 4th Day of September 2009.