HOW TO PREPARE A CIVIL APPEAL U/S 96 CPC AGAINST DISMISSAL OF SUIT U/O 17 RULE 3 CPC? THE FORMAT OF THE CIVIL APPEAL IS GIVEN BELOW. PLEASE MAKE NECESSARY AMENDMENTS ON THE BASIS OF THE FACTS OF THE CASE.

CIVIL APPEAL U/S 96 CPC 

Purpose of appeal: To seek the remedy U/S 96 CPC through appellate court, whereby the suit of the appellant /plaintiff was dismissed U/O 17 Rule 3 CPC by the trial court.

IN THE COURT OF LEARNED DISTRICT JUDGE,

(Name of the district)

In the matter of: -

ABC (full name, parentage, and address of the appellant)

…. Appellant

Versus

XYZ (full name, parentage, and address of the responded)

….. Respondent

CIVIL APPEAL U/S 96 CPC AGAINST THE IMPUGNED JUDGMENT AND DECREE DATED 19.04.2022 PASSED BY, LEARNED CIVIL JUDGE, RAWALPINDI WHEREBY THE LEARNED CIVIL JUDGE DISMISSED THE SUIT OF THE APPELLANT.

Respectfully Sheweth:-

 Brief facts arising in the instant appeal are that the appellant and respondent are real sisters and brother and also co-sharers in the property in question which was owned by the real mother of the parties vide registered sale deed No. 12345 dated 01.01.2020, further gifted the suit house in favor of appellant vide registered gift deed No. 123 dated 1.1.1. but thereafter, the respondent after the death of the mother of the parties challenged the above-said gift deed No. 6528 dated 14.04.2007 for its cancellation which suit was ultimately decreed in favor of the respondent against the appellant vide judgment and decree dated 02.02.02.

That after cancellation of gift deed executed in favor of appellant by her real mother, the appellant filed a suit for possession through partition under Punjab Partition Act 2012 and permanent injunction on the basis of registered sale deed No. 12345 dated 01.01.2020 being  co-sharer which suit was entrusted to the court of learned civil judge, Rawalpindi, where the respondent appeared before the court through his counsel and recorded his statement on 10.12.2021 that “if the suit of the plaintiff be decreed, then the respondent has no objection” thereafter, the appellant submitted the certified copy of registered sale deed, certified copy of legal heirship certificate and also submitted a certified copy of judgment and decree dated 24.08.2020 but the leaned trial court without appraising the title document dismissed the suit of the appellant U/O 17 Rule 3 CPC for non-production of titled document, which judgment and decree of learned trial court is not sustainable inter alia on the following:- 

G R O U N D S

i.         That the impugned judgment and decree dated 19.04.2021 is against the law and facts of the case. 

ii.          That the impugned judgment and decree are also based on surmises and conjectures and also passed by the learned trial court in a hasty manner. 

iii.      That impugned judgment and decree of the learned trial court is based on misreading and non-reading of evidence available on record.

iv.          That the appellant provided the certified copy of the registered sale deed executed in favor of the mother of the parties, legal heirship certificate of deceased regarding the mother of the parties, and also produced the certified copies of judgment and decree dated 24.08.2020 passed by the learned civil judge, Rawalpindi but the learned trial court failed to appreciate all these documents at the time of passing the impugned judgment and decree which is a great miscarriage of justice.

v.              That the learned trial court also ignored the conceding statement of the respondent dated 10.02.2021, which is also a clear violation of Order 12 Rule 6 of CPC, hence the impugned judgment and decree are liable to be dismissed on this score alone.

vi.     That while passing the impugned judgment and decree, the learned trial court committed material illegality and irregularities.

vii.       That the learned trial court also ignored the important aspect of the case that no other claimant of the suit house, except the appellant and respondents who were the only legal heirs of the deceased, hence the judgment and decree is liable to be set aside on this score alone.

viii.     That if the impugned judgment and decree passed by the learned trial court remains in the field, then the appellant shall suffer an irreparable loss. 

        In view of the above circumstances, it is, most respectfully prayed that while accepting the instant appeal, the impugned judgment and decree dated 19.04.2022 passed by the learned trial court may kindly and graciously be set aside and the suit of the appellant may graciously be decreed as prayed for, in the interest of justice.

        Any other relief which this Hon’ble court deems just and proper may also be awarded.

 Appellant

Through

(Counsel)

Dated: 24.05.2022

Certificate: -

Certified as per instructions furnished by the appellant this is the first appeal on the subject ever moved before this Hon’ble Court.

No other petition, revision, or application on the subject is pending in any court of law up till the Supreme Court.

 

…Counsel 

IMPORTANT NOTE: for filing of an appeal.

1.      Power of Attorney or wakalatnama be filed along with the appeal.

2.      The appellant signs Wakalatnamana.

3.      It should be clearly mentioned whether it is the first, second, or third appeal before this court is being filed.

4.      The copies of the judgment and decree, of the courts below along with grounds of the plaint and written statement be attached.

5.      All relevant documents are necessary to be filed along with the civil appeal.

6.      No need for an affidavit with the appeal.