Memo of Appeal from a Decree of a Lower Court (India)
This document is a formal Memorandum of Appeal used to challenge a judgment and decree issued by a lower court. It provides the structured format required to file an appeal before a District Judge, including sections for the grounds of objection and the value of the appeal.
Memo of Appeal from a Decree of a lower court
(Original Decree)
In the Court of the District Judge, Allahabad.
Title Appeal No.............of 20
….. ............. ............. .............Plaintiff-Appellant.
Versus ............. ............. .............Defendant-Respondent.
The appellant appeals to the Court of the District Judge, Allahabad from the judgment and the decree passed by Mr............
Subordinate Judge............
in Title Suit No............of 20....... dated the............day of............. 20...... dismissing the appellant’s suit on the following grounds of objection: 1. Because the findings of the lower Court.
2. Because............
3. Because............
Value of the appeal – Rs. 5,000.
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About this template
What is this template?
This is a formal court filing used to initiate a civil appeal in the Indian judicial system. It is not a petition for a new trial, but a challenge to an existing decree based on specific legal grounds. It contains a section for valuation of the suit for court fee purposes.
When should you use it?
Use this when a lower court has issued a final decree and you wish to challenge it in an appellate court. Use a Writ Petition instead if the matter involves fundamental rights or falls outside standard civil appellate routes.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Header | Parties and Case Reference | Identifies the Appellant and Respondent and cites the specific Original Suit number and year from the lower court. |
| Paragraph 1 | Details of the Impugned Decree | Names the lower court judge and the date the original decree was passed against the Appellant. |
| Grounds | Grounds of Appeal | Lists the specific legal and factual errors the Appellant claims the lower court committed during the original trial. |
| Valuation | Valuation and Jurisdiction | States the value of the suit for the purpose of calculating court fees and establishing the appellate court's jurisdiction. |
| Prayer | Relief Sought | Requests the appellate court to set aside the lower court decree and grant costs of the appeal. |
Who it's for
- a person in India appealing a civil court decree to a higher district or high court
- legal practitioners drafting a formal memo under Order 41 of the Code of Civil Procedure
How long it runs and how it's signed
Law it's drafted under
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