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| Civil Appeal against judgment and decree |
Purpose: Sue before the court against the decision of the court, whereby the civil court decreed the suit of an opponent party for recovery of the amount.
IN THE COURT OF
LEARNED DISTRICT JUDGE, RAWALPINDI
In the matter of:-
(Name, parentage, and address of
the appellants) …. Appellants
Versus
(Name, parentage, and address of
the respondents) ……Respondent
CIVIL APPEAL AGAINST
THE IMPUGNED JUDGMENT AND DECREE DATED 23RD MAY 2018 PASSED BY THE CIVIL JUDGE WHEREBY
THE LEARNED CIVIL DECREED THE SUIT OF RESPONDENT.
Respectfully Sheweth:-
That the
appellant No. iii to vi square measure minors and filing the moment charm
through their real mother (appellant No. i) UN agency has no adverse interest
against the minors.
That the
respondent filed the suit for recovery of Rs.500,000/- alongside profit,
against the appellant. The appellants oppose the suit by filing a written
statement.
That out of
divergent pleading following issues were framed on 28th Feb 2017: -
ISSUES:
i.
whether or not the suspect had
obtained an associate quantity of Rs.500,000/- from the litigator associated
during this regard litigator and suspect had entered into an agreement dated
twenty.09.2013 and afterward another agreement dated 08.03.2014 was conjointly
inked between the parties for extension of payment up to fifteen.05.2014? OPP
ii.
whether or not the litigator has
no reason behind action to file the moment suit? OPD
iii.
whether or not instant suit is
neither rectifiable nor proceeds readily in its gift type, thence susceptible to
dismiss? OPD
iv.
whether or not a false,
light-minded, and galling suit has been filed by the litigator, that is
susceptible to be discharged with special price u/s 35-A CPC? OPD
v.
whether or not the litigator was
estopped by his words and conduct to file the moment suit? OPD.
vi.
Relief?
That
thenceforth, the parties let their oral likewise as documentary evidence. The
learned judicature appointed the suit of the respondent vide judgment and
decree dated 23rd May 2018 that is impugned herein lay alia on the following:-
G R O U N D S
That the
impugned judgment and decree dated 23rd May 2018 is against the law and facts
of the case.
That learned
judicature didn't appreciate the proof created by the appellants whereas passing
the impugned judgment and decree dated 23rd May 2018.
That the
learned judicature failed to take into account this vital undeniable fact that
no such agreements were ever dead between the parties. The respondent entered
into an association agreement with one Dr. Muhammad Hanif and therefore the
forerunner in the interest of the appellant solely signed the same agreement as a marginal witness, thence the impugned judgment and decree aren't rectifiable
within the eye of law and susceptible to put aside.
That it's admitted
undeniable fact that the PWs aren't eyewitnesses of the alleged
transactions/agreements and that they conjointly admitted that they got the
data concerning the same agreements through the respondent however this side of the
case has been entirely unheeded by the learned path court whereas passing the
impugned judgment and decree dated 23rd May 2018.
That as per the dictum ordered down by the judicature of the country, the alleged agreements
don’t fit the supply of Article 79 of Qanoon-e-Shahdat Order 1984.
That the
respondent neither annexed any proof of payment along with his plaint nor he
has any receipt, rather he paid in money or through bank however the learned
path court failed to offer weightage this vital side of the matter whereas
passing the impugned judgment and decree.
From the
clean reading of the alleged agreements, it's evident that the respondent took a completely different stance concerning the alleged payment, in one agreement he
expressed that the alleged dealing is business dealing, whereas in a different
agreement, expressed that the alleged quantity is given as loan however the
learned judicature miserably didn't appraise this disputation of the
agreements, whereas passing the impugned judgment and decree.
That as per law
demand, the respondent failed to get exhibit the alleged agreements in his
statement throughout the course of cross-proof.
That the
impugned judgment and decree dated 23rd May 2018 relies on surmises and
conjectures, that is even otherwise not property within the eye of law.
That the
impugned call relies on non-reading and mistaking of proof out there within the
file.
That the
learned judicature below exercised the jurisdiction, that isn't unconditional
to that and failed to exercise the jurisdiction that square measure
unconditional to that.
That the dear
rights of the appellant square measure concerned within the instant matter and
if the impugned judgment and decree isn't put aside, then the appellant shall
suffer associate irreparable loss.
PRAYER
In view of the
higher than circumstances, it is, most with all respect prayed that the moment
charm might kindly be accepted and therefore the impugned judgment and decree
dated 23rd May 2018, might kindly and gracefully be put aside and therefore the
suit of the respondent might magnanimously be discharged, within the interest
of justice.
Any other
relief that this Hon’ble court deems simply and correct may be awarded.
Appellants Through Counsel
Dated: xmas
Certificate:-
Certified as per directions
well-appointed by the appellant this can be the primary charm on the topic ever
rapt before this Hon’ble Court.
No different petition, revision
or application on the topic is unfinished in any court of law uptill Supreme
Court of Pakistan.
…Counsel
Note:
File appeal within specific
period of time.
To couple associate application for suspension of impugned judgment and decree likewise as execution proceeding if necessary.
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