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    Specimen Form of Appeal To The High Court

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    RRSS SSRR
    This document is a specimen form of appeal to the High Court. It summarizes the key details of a civil case in which: 1. The appellant company supplied goods worth Rs. 15 lacs to the respondent partnership firm/company but was only paid Rs. 6 lacs, leaving a balance of Rs. 9 lacs. 2. The appellant filed a suit in District Court to recover the outstanding amount but the court dismissed the suit. 3. The appellant is now filing this appeal in the High Court seeking to set aside the lower court's judgment and decree, arguing that the evidence was not properly appreciated and the appellant's claim was sufficiently proven.

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    Specimen Form of Appeal To The High Court

    Uploaded by

    RRSS SSRR
    509 views2 pages
    This document is a specimen form of appeal to the High Court. It summarizes the key details of a civil case in which: 1. The appellant company supplied goods worth Rs. 15 lacs to the respondent partnership firm/company but was only paid Rs. 6 lacs, leaving a balance of Rs. 9 lacs. 2. The appellant filed a suit in District Court to recover the outstanding amount but the court dismissed the suit. 3. The appellant is now filing this appeal in the High Court seeking to set aside the lower court's judgment and decree, arguing that the evidence was not properly appreciated and the appellant's claim was sufficiently proven.

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    Specimen Form of Appeal to the High Court

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    This document is a specimen form of appeal to the High Court. It summarizes the key details of a civil case in which: 1. The appellant company supplied goods worth Rs. 15 lacs to the respondent partnership firm/company but was only paid Rs. 6 lacs, leaving a balance of Rs. 9 lacs. 2. The appellant filed a suit in District Court to recover the outstanding amount but the court dismissed the suit. 3. The appellant is now filing this appeal in the High Court seeking to set aside the lower court's judgment and decree, arguing that the evidence was not properly appreciated and the appellant's claim was sufficiently proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    509 views2 pages

    Specimen Form of Appeal To The High Court

    Uploaded by

    RRSS SSRR
    This document is a specimen form of appeal to the High Court. It summarizes the key details of a civil case in which: 1. The appellant company supplied goods worth Rs. 15 lacs to the respondent partnership firm/company but was only paid Rs. 6 lacs, leaving a balance of Rs. 9 lacs. 2. The appellant filed a suit in District Court to recover the outstanding amount but the court dismissed the suit. 3. The appellant is now filing this appeal in the High Court seeking to set aside the lower court's judgment and decree, arguing that the evidence was not properly appreciated and the appellant's claim was sufficiently proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Specimen Form of Appeal to the High Court

    IN THE HIGH COURT OF…………………… AT……………………


    CIVIL APPELLATE JURISDICTION
    REGULAR CIVIL APPEAL NO...........................OF
    IN THE MATTER OF:

    A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act and having its
    registered office……………………
    …Appellant
    Versus
    M/s….........................a partnership
    concern
    (or XYZ company Ltd., a company incorporated under the Companies Act and having its registered
    office at…..............)
    …Respondents
    May it please the Hon'ble Chief Justice of the High Court of…………………… and his Lordship's
    companion Justices,
    The appellant-company
    MOST RESPECTFULLY SHOWETH:
    1. That the appellant herein is a company duly registered under the provisions of the Companies
    Act and the registered office of the appellant is at.......................and the company is engaged in
    the business of manufacturing……………………
    2. That the respondents who are also doing business of selling goods manufactured by the
    appellants and other manufacturers approached the appellant for purchasing from the
    appellant- company the aforesaid manufactured goods. An agreement was reached between
    the parties which was reducing into writing. The appellant supplied goods worth Rs. 15 lacs
    over a period of….. .months to the respondents. A statement of account regarding the goods so
    supplied is annexed hereto and marked as ANNEXURE A-1.
    3. That the respondents have made a total payment of Rs. 6 lacs on different dates. The
    statement of the said payments made by the respondents is appended and is marked as
    ANNEXURE A-2.
    4. That the remaining amount has not been paid by the respondent despite repeated demands
    and issuance of a legal notice by the appellant through advocate.
    5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs
    together with interest at the rate of 12% per annum and the cost of the suit. The suit was
    filed on…................in the court of the learned District Judge.
    6. That upon being summoned by the said court the respondents appeared through counsel and
    filed their written statement to which appellant-plaintiff also filed replication (rejoinder).
    7. That the parties led evidence. After hearing the counsel for the parties the learned District
    Judge has by his judgement and decree passed on..................dismissed the appellant's suit
    on
    the ground that the evidence led by the parties does not establish the claim of the appellant-
    plaintiff. Copies of the judgement and decree of the court below are annexed hereto and are
    marked as ANNEXURE A-3 AND A-4, respectively.
    Aggrieved by the aforesaid judgement and decree of the court below dismissing the suit of the
    plaintiff this appeal is hereby filed on the following, amongst other,
    GROUNDS
    A. That the judgement and decree under appeal are erroneous both on facts as well as law.
    B. That the learned trial court has failed to properly appreciate the evidence, and has fallen
    into error in not finding that the preponderance of probability was in favour of the plaintiff-
    appellant.
    C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit
    and the defendant-respondent has failed to effectively rebut the plaintiff's evidence, more
    particularly the documentary evidence.
    D. ……………………
    E. ……………………
    F. ……………………
    8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at
    Rs…………………… and the requisite court fee in the form of stamps is appended to this
    memorandum of appeal.
    9. That this appeal is being filed within the prescribed period of limitation, the judgement and
    decree under appeal having been passed on…………………
    In the above facts and circumstances the appellant prays that this appeal be allowed, the
    judgement and decree under appeal be set aside and the decree prayed for by the appellant in his suit
    before the court below be passed together with up-to-date interest and costs of both courts.
    APPELLANT
    VERIFICATION
    Verified at…………………… on this, the…………………… day of…………………, 20…. That the
    contents of the above appeal are correct to the best of my knowledge and belief……………………
    APPELLANT
    THROUGH
    (……………………)

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