R.F.A How to create a Regular First Appeal against the dismissal of a suit for damages? The sample/draft/format is given here, please do the necessary amendments as per the facts of the case.

R.F.A against dismissal of a suit for damages

Appellate Forum: High Court.

Purpose: To impugn the judgment and decree passed by the learned trial court.

CIVIL-APPEAL-UNDER-SECTION 96 OF C.P.C AGAINST THE IMPUGNED JUDGMENT AND DECREE DATED 19.05.2021 PASSED BY LEARNED ADDITIONAL DISTRICT JUDGE.

Respectfully Sheweth:-

That the appellant/plaintiff filed a suit for recovery of Rs.100,00,000/- on account of damages under the Defamation-Ordinance 2002 against the respondents with the assertions that the appellant is enjoying a good reputation in the area as well as in business circle being a Religious Personality, Spiritual Researcher and Debater. In a family suit titled “Shiza Vs Muhammad Ajmal” was pending in the court of learned Judge Family Court, wherein the respondent put their appearance as witnesses on behalf of the defendant and leveled false, frivolous, and immoral allegations upon the appellant by saying that “Plaintiff /appellant is having illicit relation with Shiza”. It is pertinent to mention here that said Shiza is not only the real maternal sister of the appellant but also the sister-in-law of the appellant. The appellant served a legal notice to the respondents and then filed the above-said suit before the learned District Judge,  which suit was ultimately entrusted to the court of learned Additional District Judge, and the learned trial court summoned the respondents.    

Thereafter, the respondents put their appearance and submitted their written statements and after framing the issues, the parties produced their oral as well as documentary evidence, and subsequently, the learned trial court dismissed the suit of the appellant vide judgment and decree dated 19.05.2021, which is impugned herein inter alia on following: -

G R O U N D S

That the impugned judgment and decree dated 19.05.2021 is against the facts of the case and law. 

That the appellant produced evidence, which remained un-rebuttal but the learned trial court failed to appreciate the evidence produced by the appellant.

That the appellant produced certified copies of the plaint, written statement, and oral evidence of the case titled “Shiza Vs Muhammad Ajmal” in which the respondents categorically made false, frivolous, and baseless allegations of an illicit relationship between the appellant and Shiza without any cogent proof and that too without any evidence. It is pertinent to mention here that the said Shiza is just like the sister of the appellant but the learned trial court miserably ignored this fact of the matter and documentary evidence produced by the appellant and passed the impugned judgment and decree in a hasty and fanciful manner.    

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 19.05.2021.

That while passing the impugned judgment and decree dated 19.05.2021, did not appreciate the material evidence available on the file. 

That it is the duty of the respondents to prove the allegation, which they leveled against the appellant and the appellant only has to prove that such and such allegation was leveled by the respondents without any proof but the learned trial court did not bother to consider this aspect and passed the impugned judgment and decree in a hasty manner.    

That the learned trial court did not consider material facts available on file while passing the impugned judgment and decree dated 19.05.2021 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 a grave miscarriage of justice to the appellant.

That if the impugned judgment and decree dated 19.05.2021 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 19.05.2021 passed by the learned Additional District Judge, may kindly and graciously be set aside and decreed the suit of the appellant as prayed for, in the interest of justice.

Appellant                               Through                 Counsel

Certificate:-

It is certified that this is the 1^st appeal on the subject ever moved before this Honorable Court.

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

…Counsel