User talk:Salah Uddin Sagar

Assignment on Draft Application on Appeal

Submitted To

M Ali Ahmed (Additional District and Session Judge) Deputy Director Bangladesh Judicial Service Commission, Dhaka Lecturer, Dept. of  Law & Justice Southeast University

Submitted By

Salahuddin ID: 2010020300059 Program: LL.B (Hon’s) Batch: 20th, Section: B Course Code: LLBH 4227 Course: Legal Drafting (Civil)

Submission Date: September 8, 2013 Southeast  University SL. NO.	TOPIC NAME 1.	What is appeal? 2.	Who can prepare appeal?

3.	Time of Appeal 4.	What is the from of appeal? 5.	What are the contents of memorandum? 6.	What to accompany memorandum of appeal ? 7.	Rules of drafting memo of appeal 8.	Draft a memo of a appeal CONTENTS

Appeal

what is appeal ? The word appeal has not been defined in any where of the law. But what we understand from the legal meaning of this word is that the carrying a suit from the inferior court to the superior court jut to challenge the decision for the order of the former court. The appeal may be on the question of facts or on question of laws. In another word we may say that appeal is a judicial examination of the decision of a lower court by the court to which the appeal generally lies that is the higher court. It is alleged to the superior court that the order or decree passed by the trial court is unsound, arbitrary, whimsical and capricious that has caused miscarriage of justice. A litigant can claim appeal as a matter of right It is creation of law. Section 96 to 112 of the Code of Civil Procedure, 1908 provided for substantive right of appeal whereas the order 41 of the same Code provides for the procedural aspects of appeal.

Who can prepare appeal : Generally a party it the suit may file an appeal from the decree in the suit. But a parson who is not a party to the suit may with the leave of the court file the appeal if he is prejudicially affected by the judgment.

Time of Appeal : An appeal can be filed to the district judge within 30 days from the Day of Judgment or to high Court Division within 60 days from the date of judgment.

What is the from of appeal: Every appeal shall be preferred in the from of memorandum signed by appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf.

What are the contents of memorandum: The memorandum shall set fourth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and grounds shall be numbered consecutively.

What to accompany memorandum of appeal : The memorandum shall be accompanied by a copy of the decree applied from and of the judgment on which it is founded.

Rules of drafting memo of appeal:

1. Memo of appeal shall be drawn on water marked paper known as ‘pie’, ‘demi’, or ‘cartridge’ obtainable from the government treasury or from licensed stamp vendor.

2. A marginal space is to be left on it. A quarter margin at the left side of    the paper together with one and half inches open spaces are to be left at the top and the bottom.

3. Memo may be hand written but it must be legible and fair but preferably it may be computer composed or type written.

4. Grounds of objection must be divided into paragraphs and numbered Consecutively.

5. Memo must be signed by the person presenting and the pleader ,if any.

6. There shall be signature of the person who writes the memo and if he is    an advocates clerk the license number must be given in it.

In the Court of District Judge, Tongi, Gazipur.

Appeal no-182 of 2013

Ref: Civil suit no.302 of Tongi assistant Judge Court.

Appellants(s)                                                       Respondent(s)

1.Mr.Ziaur Rahman, 30. 1. Kamran Son of Mr.Mizanur Rahman,                                  2. Badal Muslim by faith, Occupation by                             3. Sazzad all are resident Farmars and Resident of -Vill:-Morkun,                    of Vill:-Morkun, P.O:-TNT P.O:-TNT. P.S:-Tongi, Dist:-Gazipur. P.S:-Tongi, Dist:-Gazipur.

2.Md.Moizul Haque, 39, S/O:-late Nurul Haque, muslim by faith, Occupation by farmars, and Resident of – Vill:-Morkun, P.O:-TNT, P.S:-Tongi, Dist:-Gazipur.

The appellant most respectfully state as under :

1. That the appellant plaintiff sued the respondent by a suit being no.302 of 2012 Tongi Thana for declaratory title of the suit land.

2. That the court took evidence from both the parties and dismiss the suit No contest no302 in .29.05.2013 against the appellant plaintiff.

3. That being aggrieved by and dissected with the judgment and decree Dated 29.05.2013 passed by Mr.Mahbub Sharker, Assistant Judge, Tongi, dismiss the suit against the plaintiff who present this appeal Against other following-

G  R   O   U   N   D   S

1.	For that the court passed the impugned judgment against the Appellant without Applicating the deeds documents DCR and Other related Instruments filed by the applicant.

3.    For that the court passed the judgment against the applicant Without property evaluating the evidences adduced by the Plaintiff.

2.	For that the Court passed the judgment against the applets Arbitrarily and capriciously this caused miscarriage of justice That is liable to set aside.

Wherefore, It is humbly prayed that your honor kindly consider the above mentineel grounds of objection and to can for the records, here both the parties and after perusing the records to reveres the impugned judgment passed against the appellant and or to pass such order or records that your honor deem fit and proper.

A   N    D

Pending the Appeal stay all the further proceeding of the suit until disposal of this appeal.

Signature of Applicant                                      Signature of  Advocate