FORM OF FIRST APPEAL

 

 

21. FORM OF FIRST APPEAL.[CD1] 

 

IN THE COURT OF THE DISTRICT JUDGE.......

Civil Appeal No. ................... of 19........

C.D………………………………... Defendant/Appellant

versus

C.F……………………................. Plaintiff/Respondent

 

GROUNDS OF APPEAL

 The above named appellant files the appeal under section 96 C.P.C. against the decree dated ......... ... of .................... Addl. Civil Judge ............... original Suit No......... .... of 19 ......

....... V. .................... and sets forth the following grounds of appeal which is valued at Rs. ..........

1. Because the plaintiff failed to prove his readyness and willingness to have the sale deed executed within time. The view of the court below to the contrary is wrong.

2. Because it has been fully established on record that it was the plaintiff who committed the breach and not the defendant. The view of the court below to the contrary is erroneous.

3. Because no notice was served on the defendant by the plaintiff before the period fixed for the execution of the sale-deed. The finding of the court the contrary is incorrect.

4. Because both parties having entered into evidence regarding the sa of notice the question of raising presumption of due service under section 114 the Evidence Act did not arise. The view of the court below to the contrary is incorrect.

5. Because it has been fully proved that the evidence of the not worth relying in face of statement of ... rejected the statement of ............... on absolutely untenable grounds.

6. Because the court below has misconstrued the legal position  at wrong conclusions.

7. Because from the agreement the intention of the parties are clear that they wanted to pay and receive damages in case of breach y either of them and that is why an equal sum was mentioned in the agreement. The view of the court below that it was in personum is not justified.

8. Because the rulings cited upon by the court below are the facts of the case and are distinguishable.

9. Because the suit for specific performance of the contract in any case has been wrongly decreed. The plaintiff was not legally entitled to enforce the agreement.

10. Because the plaintiff has been disentitled to claim specific of the contract by claiming damages for the breach. The court below did this aspect of the case.

11. Because the judgment of the court below is bad in law ar deserves to be set aside.

It is, therefore, prayed that the appeal be allowed with costs, and the suit the plaintiff be dismissed with costs.

Counsel for Appellant

 

---

 [CD1]FORM OF FIRST APPEAL.