No. 1 of CPC : No. 1: MEMORANDUM OF APPEAL

Explanation using Example

Example 1:

Example 1:

Case Background: Ravi, a resident of Mumbai, filed a civil suit against his neighbor, Suresh, for encroaching on his property. The trial court ruled in favor of Suresh, dismissing Ravi's claims. Ravi believes the judgment was unfair and decides to appeal the decision.

Memorandum of Appeal: The appellant, Ravi, above-named appeals to the High Court at Mumbai from the decree of the Civil Court in Suit No. 123 of 2022 dated the 15th day of March 2023, and sets forth the following grounds of objection to the decree appealed from, namely:

1. The trial court erred in not considering the property documents submitted by the appellant.
2. The trial court failed to appreciate the evidence of the surveyor who confirmed the encroachment.
3. The trial court's judgment is contrary to the principles of natural justice.

Example 2:

Example 2:

Case Background: Priya, a businesswoman in Delhi, filed a lawsuit against a supplier, Rajesh, for breach of contract. The trial court ruled in favor of Rajesh, stating that Priya did not provide sufficient evidence of the breach. Priya decides to appeal the decision, believing that the trial court overlooked critical evidence.

Memorandum of Appeal: The appellant, Priya, above-named appeals to the High Court at Delhi from the decree of the District Court in Suit No. 456 of 2021 dated the 10th day of January 2023, and sets forth the following grounds of objection to the decree appealed from, namely:

1. The trial court failed to consider the email correspondences that clearly indicated the breach of contract by the respondent.
2. The trial court did not take into account the testimony of the expert witness who corroborated the appellant's claims.
3. The trial court's judgment is based on an incorrect interpretation of the contractual terms.