Pe. a 154 PLEADING, DRAFTING AND CONVEYANCING jurisdiction. MODEL FORMS OF APPEAL AND REVISIon 1, FORM OF MEMORANDUM OF APPEAL, (Under Section 96, C.P.C.) IN THE HIGH COURT O: . Civil Appellate Jurisdiction First Appeal No...... of 2017 ~ AT ‘ ate .. aged 50 years, r/o. Appellant/Defendant Versus 7. 2 Respondent/Plaintifts Appeal against judgment and decree passed by Civil Judge, Senior Division, Rohtak on 1-2-2017 in Suit no. 45 of 2006 Valuation of the Appeal is Rs... The Court fee paid is Rs.. To, THE HON’BLE CHIEF JUSTICE AND OTHER PUISNE JUSTICES OF THE HIGH COURT The appellant most respectfully showeth that : 1. The respondent has filed the suit No. 37 of 1985 in the Court of Civil Judge, Senior division, Rohtak, against the appellant for the recovery of Rs. 15,000 which sum the appellant allegedly owed to the respondent against a promissory note executed by the appellant in favour of the respondent. 2. The learned Judge heard the said suit and passed a decree of Rs. 20,000 against the appellant on the Ist of February, 2017. 3. The appellant being aggrieved by the said decree and judgment prefers this appeal on the following amongst other. GROUNDS : Gi) That the learned Judge erred in holding that the promissory note was legally valid. (i) That the promissory note was invalid and hence not enforceable against the appellant. (iii) That no consideration has passed from the respondent to the appellant under the promissory note. (iv) That the learned judge erred in holding that the promissory note was executed by the appellant. fain (v) That the hand-writing expert was not called for inspite © the repeated requests from the appellant. ; (vi) That the learned Judge erred in not appreciating the evidence of the appellant (defendant) and his witnesses: (vii) That the decision of the learned Judge is against the weie'” of evidence in the case, and the learned Judge ought to ea!ean | MEMORANDUM OF APPEAL AND REVISION, REFERENCE AND REVIEW 15 dismissed the plaintiff's suit. (viii) That the decision of the trial Court is against justice, equity and good conscience and hence not sustainable. ; 4, The appellant has not filed any other ay i i the Hon'ble Court. Se ail PRAYER () The appellant, therefore, submits that the Honourable Court be pleased to send for the records of the suit from the trial Court and set aside the decree and the judgment of the trial Court. (Gi) Pending the hearing and final disposal of this appeal, the respondent be restrained by an order of the Hon'ble Court from executing the aforesaid decree against both—person and property of the appellant. (ii) The relief sought by way of this appeal is that this Honble Court be pleased to allow the appeal, judgment and decree of the Trial Court aforesaid be set aside, or be pleased to pass such order and further order as this Hon’ble Court may deem fit and proper in the circumstances of the case in order to do justice in the matter. Place. Sd- Date. Appellant/Defendant Sd- Advocate 2. FORM OF FIRST APPEAL BEFORE DISTRICT JUDGE IN THE COURT OF THE DISTRICT JUDGE AT..... Civil Appeal No:.......- (Under Section 96, C.P.C.) Appellant/Plaintiff Respondent/Defendant Valuation of the Suit Rs..... Valuation of the Appeal Rs. Court fee paid Rs.... The Appellant/Plaintiff most respectfully showeth : The appeal of the plaintiff/appellant aforesaid, against Judgment and decree, dated. passed in Original Suit No ‘of 2006 between OP versus LN. dismissing the suit of the plaintifivappellant is most respectfully preferred on the following amongst other grounds : GROUNDS OF APPEAL 1. Because the trial court has erred in using his discretion wrongfully as to granting of pendente lite interest in the matter. _ 2. Because the appellant is entitled to contractual rate of interest, which the learned trial court has erroneously disallowed. 3. Because the plaintiff/appellant is entitled to the principal amounti a ae Tore eS, 156 PLEADING, DRAFTING AND CONVEYANCING advanced by him to the defendant plus interest at the contr PRAYER Ts is therefore most respectfully prayed that this appeal ma allowed with costs, setting aside the judgment and decree of ft i Court dated: in OS, Noun of 2006 and decreeing the claim ae appellant for the principal amount of Rs. 10,000/- advanced tains respondent plus interest at the contractual rate till date of filing of the suit and pendente lite till date of recovery thereof, e Place. actual rate Y be Sd- Appellant Sd- Advocate 3, FORM OF SECOND APPEAL IN THE HIGH COURT OF....... Second Appeal No........ of 2017 (Under Section 100, C.P.C.) A.B., aged about..... years, son of Sri. + resident o: aa Appellant/Plaintiff Versus C.D., aged about...... years, son of Sri resident of... i Respondent/Defendant Valuation of the Appeal is Rs. Court-fee paid is Rs... THE HONBLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HIGH COURT The appellant most respectfully showeth ; The Second Appeal against the judgment and decree of Additional District Judge... in Original Suit no......... of decided 2004 dismissing the suit of the plaintifappellant, is most respectfully preferred on the following amongst other grounds of appeal : GROUNDS OF APPEAL 1. Because the learned First Appeal Court has not framed points for disposal in the appeal and has bypassed the judicial approach and disposal of the appeal according to law. 2. Because under the Act No....... of 20...0f the State, on abandoning the building, the zamindar became the owner of the building before abolition of zamindari in the State and the appellant being the eset zamindar had become the owner of the building, and the finding of #! : lower ‘appellate Court as well as of the trial court to the contrary ™ erroneous in law and facts on record.MEMORANDUM OF APPEAL AND. REVISION, REFERENCE AND REVIEW 157 3, Because the agricultural lands have been taken over by the State gpolition of zamindaris and not the abadi sites. The learned courts oe are misconceived on this point and their judgments and decrees are bel to be set aside on this ground alone. lisbl,, Because the suit was bad for nonjoinder of the State which was necessary party to the suit. The learned lower appellate court has ignored this aspect of the case and has erroneously bypassed it. 5, Because the judgment and decree of both the courts below are erroneous in law and facts on record, and are liable to be set aside. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may he pleased to allow the second appeal setting aside the judgment and decree dated.. of the lower appellate court in First Appeal No..... of 9904....Versus...... and those of the learned trial judge, dated . jn OS. No.....0f....1999. ‘Any other relief which may be deemed proper may be granted to the appellant, and cost of the appeal throughout be granted to the appellant from the respondent. Sd- Appellant/Plaintiff Sd- Counsel for the appellant 4, FORM OF FIRST APPEAL FROM ORDER IN THE HIGH COURT OF... _ FAF.O. No...... of 2017 (Under Order 43, Rule 1, C.P.C.) AB...... son of. ... District Appellant/Defendant versus C.D... .. son. of... . District.. .. Respondent/Plaintiff Valuation of the Appeal is Rs. Court fee paid is Rs... To, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HIGH COURT The Appellant most respectfully showeth : The First Appeal from Order under Order IX, Rule 13, C.P.C. passed by the learned Additional District Judge........ in Original Suit No....... of 2005 is most respectfully preferred on the following amongst other grounds of appeal : GROUNDS OF APPEAL 1, Because the order of the learned trial court is arbitrary and against the evidence on record. _ _ 2. Because the learned trial judge should not have involved himself iB technicalities and should have allowed the application of the appellant for setting aside the order passed ex parte.= _"[ 8 PLEADING, DRAFTING AND CONVEYANCING 188 3. Because it is well settled by the Supreme ourt ty, RnCUTORACTaDS punished for the negligence even of hig Counsel, 8 alien, the learned counsel of the appellant was busy in nother cou, Morea appellant was formally present in the Court and the case gh out ang’ Shoulg "4 been decided ex parte. Mb Ud nop ake 4. Because the impugned order ig liable to be Set aside ang be restored to its original number and be heard 8nd dispose fy the au after taking evidence of the parties, i 2 men 5. Because otherwise also the order of the trial coy is ¢, in law and facts on record and is liable to be set aside, TON Go, PRAYER It is, therefore, most Tespectfully prayed that this Hon'ble Co, be pleased to allow the appeal and set aside the trial Court dated. ex parte onde: ny 2017 in Suit no... of 2005 : Sd. Appellant/Defendent Counsel for the Aprellan FORMS OF CIVIL REVISIONS 1. REVISION APPLICATION IN HIGH Court . IN THE HIGH COURT oOF.. oe Civil Revision No........ of 2017 (Under Section 115, C.P.C.) L, son of M, resident of... Applicant/Defendant Versus X, son of Y, resident of... e Respondent/Plaintiff To, THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HIGH COURT Submits as follows that : n of the applicant against order dated......2017 Pending in \themeiegls District. ‘In which the applicant is the defendant is preferred Amongst other Srounds of revision under the statement ‘ef as follows ; lowing of the case in bri abag f P Caw, had instituted a guit bearing number 37 o 2006 in the Court of © Civil “udge, Senior Divison..... The Court decreed the sai the opposite party on March 11, 2017 and ordered the applicant to pay the amount of the decree to the opposite Party, 2. The applicant being ieetieved by the said decree and gudgment preices hy pplication on” the following among © (a) That the decree and judgment Passed by the learned judge is a!MEMORANDUM OF APPEAL AND REVISION, REFERENCE AND REVIEW. 189 illegal and inoperative. (b) That the learned judge has erred in law by passing the said decree on a promissory note which was not properly stamped. (c) That the learned Judge erred in law by not appreciating the petitioner's appeal. PRAYER tt is, therefore, most respectfully prayed that this Hon'ble Court may he pleased to allow the revision application setting aside the impugned beser dated 11-3-2017 in Suit No Versus....pending in the Court of........ Any other order which may be deemed fit in the interests of justice, may be passed in favour of the applicant. Place. Sd- Date... Appellant Sd- Advocate 2, REVISION APPLICATION BEFORE A DISTRICT JUDGE. JN THE COURT OF THE DISTRICT JUDGE......... Civil Revision No. of 2017 (Under Section 115, C.P.C.) AB, t/o.. Applicant/Defendant Versus OP, ro... é Respondent/Plaintiff Against suit no.... of 2006 Pending in the Court of Valuation of property Rs. Sir, In the aforesaid revision application it is most respectfully submitted by the Defendant........ against the order dated........ in the suit aforesaid of this learned Court, as follows : i. That......... (state the case of the defendant giving rise to the cause of action in the matter for filing the revision application). 2. 3. 4, Therefore the defendant-applicant is preferring this revision application on the following amongst other grounds : GROUNDS OF REVISION (1) Because the learned Trial Judge has not considered the basis of the matter in dispute before him, the ground argued by the applicant’s counsel that it was a case for recovery of money based on negotiable eee for which a special procedure is provided under Order XXXVII ee le Code of Civil Procedure under which the suit was filed and the cedure provided therein was strictly to be followed. i ee eee eePLEADING, DRAFTING AND CONVEYANCING (2) That the particular procedure under Order XXXVII of the C.Pc e followed and this case having been filed under the reece procedure, the applicant tried to convert it to be taken to be a case unde; Order XXXVII and the prescribed procedure may be followed in the nature of the case but only the matter. That would not change the ¢ d Trial Court should have allowed procedure as provided in law. The learned } the application of the applicant. In dismissing the application, the learned trial court has wrongfully exercised its jurisdiction. (3) That besides there is other irregularity adopted by the learned Judge which goes to the roots of the case and disposal of the matter lawfully, that he has held that the suit is also barred by the State Money hed in law that a single transaction of Lenders Act. Whereas it is establis. money lending to a friend does not make the lender a money lender within the meaning of the said Act. This irregular decision would cause irreparable injury to the applicant. PRAYER 7 that this respectable Court It is, therefore, most respectfully prayed d to allow the revision application and set aside the may be please impugned order dated....2017 in Original Suit No..... of 2006.......... versus Be pending in the Court Ofeerrn:: Place..........-- Sd- Watewescc Applicant/Defendant Sd- Advocate