Setting up a memorandum of Civil Appeal

Code of CivilProcedureMemorandum of civil appeal shall be drawn up before the learned court prescribed by  Order  41 Rule 1 of the Code of Civil Procedure. It contents shall be set forth,concisely and under distinct head, the grounds of objection to the decree appealed from without any argument and narrative  and such grounds shall numbered consecutively.

Style setting the contents of the memorandum of Appeal :

The modern  style of setting the memorandum of Civil appeal is the style developed and custom and must be followed.

Essential parts of the memorandum of appeal :

Memorandum of appeal shall be the essential parts of the following order:-

  1. Heading
  2. Cause Title
  3. Valuation and payment of the court fee
  4. Introduction
  5. Grounds
  6. Certificate
  7. No Sheweth
  8. No Annexture
  9. No Affidavit
  10. Heading: Heading includes(a) The name of District,Court and Division (b) Nature of Jurisdiction (c) First Appeal Tender Number and First Appeal Number.

 Setting the heading:

Heading is the First part of the memorandum of appeal and it is set out in the following style and order-

DISTRICT………………

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

FAT NO-……………………./……………

FA NO………………………../………………

2. Cause Title :

Cause title contains in the following  particulars :-

(a) Name and Address of the Appellant  and

(b) Name and Address of the respondent

 Setting the cause Title:

Cause title is the set out in the memorandum of civil appeal immediately after the heading in the following order and style–

IN THE MATTER OF

……………………………………

…………………………………………

……………………………………..Plaintiff/ appellant

VERSUS

……………………………………………..

……………………………………………..

……………………………………………Defendant /Respondant

3. Valuation and payment of Court fee:

It includes the following particulars-

(a) Valuation of the suit

(b) Valuation of the appeal

(c) Valuation of the Court fee

 Setting the valuation and payment of the court fee:

This portion is set out immediately after the Cause Title in the following style and order-

Suit is valued at Tk………………………………

                                    Appeal is valued at Tk…………………………..

                                    Court  fee is valued at Tk……………………….

4. Introduction:

Introduction is constituted in the following particulars-

(a) Nature of judgment

(b) Date of Judgment

(c)Date of decree

(d) Name of Judge who passed the Judgment and prepared the decree

(e) Name of Court and District

(f) Suit number

 Setting the introduction:

This portion may be in the following term-

 Being aggrieved by and dissatisfied with the  judgment and decree dated ……………. and ……….respectively passed by Mr. …………….learned …….judge……in…….Suit No………. of ………..District………. the plaintiff begs to prefer this appeal on the following other–

 GROUNDS

5. Grounds: Grounds are of following three types:-

(a) Grounds of adverse comments on the whole judgment

(b) Grounds of law and

(c) Grounds of fact

(a) Grounds of adverse comments on the whole judgment :

This portion include the following types of comments-

(aa) Adverse comment relating to error of law;

(bb) Adverse comments relating of error of fact;and

(cc) Adverse comment relating to failure of appreciation some material aspects.

(aa) Adverse comment relating to error of law: It may be in the following term-

(1) For that the learned  trial court bellow committed error of law in  decreeing the suit and as such  the impugned judgment and decree is liable to be set aside.

(2) Adverse comment  relating to error of fact: It may be in the following term-

For that the learned  trial court bellow committed error of fact in  decreeing the suit and as such  the impugned judgment and decree is liable to be set aside.

(3)Adverse comment relating to failure to appreciate some material aspects- It may be in the following terms-

For that  the learned trial court bellow failed to  appreciate  the facts.circumstances probabilities,merit of the case and the evidences on record in their proper perspective and thereby arrived at a wrong decision to pass the impugned judgment and decree and as such the same is liable to be set aside.

An Example of Civil Appeal in the High Court Division:

DISTRICT-DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL  APPELLATE  JURISDICTION)

MEMORANDUM OF APPEAL FROM ORIGINAL DECREE

FIRST APPEAL TENDER NO………………/2016

FIRST APPEAL NO……………………………/2016

IN THE MATTER OF

A…………………

Son of…………….

Of Village………………..

Police Station……………

District………………………

Plaintiff/Appellant

VERSUS

B………………………………

Son of…………….

Of Village………………..

Police Station……………

District………………………

Defandant/Respondant

 

Being aggrieved by and dissatisfied with the impugnent

Judgment and decree dated…………………….and ……………..

Respectively passed by the learned 1st Joint District

Judge, Dhaka  in title suit no……………..of 2015 dismissing

the suit  the plaintiff –appellant begs to prefer  this

appeal before your Lordship in the following amongst

other

                                                                Grounds

  • For that the judgment and Decree  dated………………….and ………………….. respectively passed by the learned  1st joint District Judge, Dhaka bad in Law and as well as facts and circumstances of the case and as such the same is liable to be set aside.
  • For that the learned trial court bellow passed the Judgment and Decree in violation of the natural justice and established principles of law and has failed to apply his judicial mind.
  • For that the Judgment and Decree passed by the learned trial court bellow based on surmise and conjecture, which is wholly illegal, malafide and improper and is unsustainable in the eye of law.
  • For that the documents and papers produced by the plaintiff in support of the suit claim as evidence on records ,the learned trial court bellow has failed to take this as evidence on record.
  • For that the findings and decision of judgment and decree passed by  the learned trial court bellow is unwarranted, misconceived and bad in laws and as such the same is liable to be set aside.
  • For that the learned trial court bellow failed to frame issues properly and the issues framed by the  learned trial court is not properly decided and as such the judgment and decree is liable to be set aside.
  • For that the learned trial court bellow misread and misunderstood the pleading and as well as PW’s and committed an error of law and as such the judgment and decree is liable to be set aside.

Certificate

I certify that the grounds are good for

appeal and rest will be at the time of hearing

Advocate