Memorandum of Appeal

IN THE [appellate_court] FIRST APPEAL NO. ________ OF 20____ (Arising out of the judgment and decree/order dated [impugned_order_date] passed by the [lower_court] in Case No. [original_case_number]) IN THE MATTER OF: [appellant_name] [appellant_address] ... APPELLANT VERSUS [respondent_name] [respondent_address] ... RESPONDENT MEMORANDUM OF APPEAL UNDER SECTION 96 READ WITH ORDER XLI OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Appellant is aggrieved by the judgment and decree/order dated [impugned_order_date] passed by the [lower_court] in Case No. [original_case_number], and prefers the present appeal against it. A certified copy of the impugned judgment and decree is filed with this appeal. 2. BRIEF FACTS [brief_facts] 3. That the Appellant has not filed any other appeal, revision or proceeding against the impugned judgment and decree before this or any other court. 4. That the present appeal is filed within the period of limitation prescribed under the Limitation Act, 1963. 5. That the appeal is valued at Rs. [appeal_value], and the requisite court fee has been paid. GROUNDS OF APPEAL The Appellant challenges the impugned judgment and decree on the following among other grounds, each of which is taken without prejudice to the others: [grounds_of_appeal] FURTHER GROUNDS A. That the impugned judgment and decree is contrary to law, to the facts on record, and to the weight of the evidence. B. That the learned court below failed to appreciate the material evidence on record, and drew conclusions unsupported by it. C. That the learned court below misdirected itself on the questions of law arising for determination. D. That the findings recorded are perverse and unsustainable. E. That the Appellant craves leave of this Hon'ble Court to urge such additional grounds at the time of hearing as may be advised. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Allow the present appeal and set aside the judgment and decree/order dated [impugned_order_date] passed by the [lower_court]; (b) Grant the relief which ought to have been granted to the Appellant by the court below; (c) Award the costs of this appeal and of the proceedings below to the Appellant; and (d) Pass such other or further orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE APPELLANT SHALL AS IN DUTY BOUND EVER PRAY. Place: ______________ Date: [filing_date] [appellant_name] APPELLANT Through ______________________ ADVOCATE FOR THE APPELLANT NOTE: Under Order XLI Rule 1, the memorandum must set out the grounds of objection concisely and under distinct heads, without argument or narrative. A certified copy of the decree and judgment must accompany the appeal. Limitation for a first appeal is ordinarily thirty days to a District Court and ninety days to a High Court; verify the applicable period and file a condonation application if filed late.