Civil Appeal U/S 96 CPC.
Purpose: To challenge a judgment
and decree of the trial court before the appellate court.
IN THE COURT OF
LEARNED DISTRICT JUDGE, (NAME OF DISTRICT)
In the matter
of:-
(Name, parentage, and address of appellant)
…..Appellant
Versus
(Name, parentage, and address of appellant)
….. Respondents
CIVIL APPEAL U/S 96
CPC AGAINST THE IMPUGNED AND DECREE DATED 03.12.2021 PASSED BY THE COURT OF LEARNED
CIVIL JUDGE, RAWALPINDI WHEREBY THE LEARNED CIVIL JUDGE DISMISSED THE SUIT
FILED BY THE APPELLANT.
Respectfully
Sheweth:-
That the appellant filed a suit for declaration, permanent and
mandatory injunction against the respondents with the assertion that the
appellant and respondent No. 1 had some visa transaction due to which the
appellant was under obligation to pay Rs.100,000/- to respondent No. 1 and for
that purpose the appellant gave a cheque of Rs.100,000/- to the respondent as
surety /guarantee. Furthermore, on 25.11.2017, the appellant on the direction
of respondent No. 1 paid Rs.100,000/- to respondent No. 2 who is the partner as
well as the real brother of respondent No. 1 but resultantly, the respondent
No. 1 & 2 in connivance with each other did not bother to return the said
guarantee cheque to the appellant and respondent No. 1 started threatening and
blackmailing to the appellant for lodging an FIR against the appellant and in
this regard, he has submitted an application before the respondent No. 3.
That the respondents were summoned and respondents 1 & 2
contested the suit by filing a written statement before the learned trial court
and afterward, the respondents proceeded ex-parte and out of divergent pleading
on 16.10.2019, and the learned trial court framed the issues.
That after the formulation of issues, the parties were
directed to adduce their evidence in support of their stance. The appellant
appeared as PW-1 along with his witness PW-2 and produced his documentary as
well as oral evidence before the learned trial court, whereas, no evidence was
produced by the respondents.
Subsequently, the learned trial court dismissed the suit of the appellant vide judgment and decree dated 03.12.2021, hence this civil appeal U/S 96 CPC inter alia on the following: -
G R O U N D S
That the impugned judgment and decree dated 03.12.2021 is against the facts of the case and law.
That while passing the impugned judgment and decree, the learned trial court failed to consider this aspect of the matter that the appellant issued the cheque in question as surety /guarantee, and later on, the appellant paid the entire amount of Rs.16,20,000/- to the respondents but they deliberately and willfully with malafide intention and ulterior motives, the respondent No. 1 & 2 in connivance with each other did not return the said cheque to the appellant without any cogent reason or justification and later on, the respondent No. 1 & 2 started blackmailing and threatening the appellant on the behest of the said guarantee cheque illegally and unlawfully, hence the impugned judgment and decree dated 03.12.2021 is not sustainable in the eyes of law and liable to be set aside.
That the learned trial court also failed to appreciate the fact that the appellant paid the entire amount to the respondents against the said guarantee cheque and after receiving the amount, the respondents are bound to return the said guarantee cheque and they have no right to claim any amount or retain the said cheque in their possession or to blackmail the appellant and this act of the respondents is not only amounts to infringing the valuable rights of the appellant but also illegal and unlawful, hence the impugned order is liable to be set aside.
That even otherwise, the respondents failed to produce any evidence before the learned trial court in support of their version but the learned trial court passed the impugned judgment and decree in a hasty and fanciful manner.
That the appellant produced evidence, which fully proved the stance of the appellant but the learned trial court failed to appreciate the evidence produced by the appellant.
That the learned trial court did not consider the valuable rights of the appellant involved in the matter while passing the impugned judgment and decree dated 03.12.202
That while passing the impugned judgment and decree dated 03.12.2021, did not appreciate the material evidence available on the file.
That the appellant may kindly be allowed to raise further grounds at the time of arguments.
That the learned trial court did not consider material facts available on file while passing the impugned judgment and decree dated 03.12.2021 which is a great miscarriage of justice.
That the impugned judgment and decree passed by the learned trial court is based on surmises and conjectures and caused the grave miscarriage of justice to the appellant.
That the impugned judgment and decree is based upon misreading and non-reading, hence the same is liable to be set aside.
That the learned trial court failed to exercise the jurisdiction which is so vested to it and exercised the jurisdiction which is not vested to it.
That if the impugned judgment and decree dated 03.12.2021 is not set aside, the appellant shall suffer an irreparable loss.
PRAYER
In view of the above
circumstances, it is, most respectfully prayed that the instant appeal may
kindly be accepted and the impugned judgment and decree dated 03.12.2021 passed
by the court of learned Civil Judge, Rawalpindi may kindly and graciously be
set aside and decreed the suit of the appellant 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:
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 of Pakistan.
…Counsel
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