APPEAL IN THE COURT OF THE DISTRICT JUDGE AT AJMER Civil Appellate Jurisdiction In Civil Appeal No. ____of 2020

APPEAL IN THE COURT OF THE DISTRICT JUDGE AT AJMER Civil Appellate Jurisdiction In Civil Appeal No. ____of 2020

  CIVIL   Sep 30, 2020   0  Add to Reading List
APPEAL IN THE COURT OF THE DISTRICT JUDGE AT AJMER Civil Appellate Jurisdiction In Civil Appeal No. ____of 2020

APPEAL ARISING OUT OF THE IMPUGNED ORDER DATED 20.6.2020 PASSES IN THE TITTLE SUIT NO ____OF 2020 BY THE LD 1st CIVIL JUDGE AT AJMER

IN RE:

MR. XYZ

S/o __________

R/o__________, Ajmer

...................................Appellant

VERSUS

MR.ABC

S/o __________

R/o___________, Ajmer

..............................Defendant

MEMO OF APPEAL ON BEHALF OF THE APPELLANT FOR REGULAR FIRST APPEAL

Being aggrieved and dissatisfied with the Order under Order 7 rule 11 of the Civil Code dated 20.6.2020 passed in the above Title suit by the Ld 1st Civil Judge [Jr Div] in XYZ vs. ABC, the appellant above named begs to prefer this Memo of Appeal on the following amongst other:-

GROUNDS

  1. For the impugned Order of the Trial Court are against the settled principle of law, Evidence and probabilities of the case.
  2. For the Ld Court below has been pleased to dismiss the suit by the way of rejection of plaint on the contrary Ld Court ought to have decreed the suit.
  3. For the Ld Court below has failed to appreciate the scope, extent and propriety of the suit in its proper perspective.
  4. For the Ld Court below has failed to appreciate the status of the parties in their proper perspectives.
  5. For the Ld court below has failed to appreciate the factum of fraud as a cause of action for bringing the Title Suit.
  6. For the Ld trial Court did not apply its Judicial mind at the time of passing the impugned Order for rejecting the Plaint under appeal.
  7. For the Ld Court below has failed to appreciate the legal connotation of certain interpretations such as :

Cause of action and continuous/running cause of action

Fraud as an ingredient of the cause of action

  1. For that, the impugned Order under appeal is mis-conceived, speculative and non application of law and mind, and result of cursive non- heartful reading of the Plaint and relief as prayed thereby.
  2. For that, the impugned order under this appeal is otherwise bad and cannot be sustained in law.
  3. Therfore, the Suit under this appeal shall be restored and decided against the Respondent after setting aside the impugned Order passed in 20.6.2020 in Suit No ______of 2020.

 

Sd/-                                                                                                                                Sd/-

Plaintiff                                                                                                                    Advocate

 

VERIFICATION

 

I, XYZ son of ____, the above named plaintiff, do hereby declare and state that the contents of paras 1 to 10 of the plaint are true to my own knowledge and the contents of remaining paras of the plaint are based on information received from my advocate and I believe the same to be true. Solemnly affirmed as aforesaid at Ajmer. This 29th day of September 2020. Interpreted and Identified by the

 

Sd/-                                                                                                                                   Sd/-

Advocate for the plaintiff                                                                                            Plaintiff

 

Research By - 

Sameeksha Shukla

BB.A LL.B (Hons.) specialization in Corporate Law ( 5th year)