Specimen Appeal to High explained: this guide covers what Specimen Appeal to High means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Specimen Memorandum of Appeal -- High Court
IN THE HIGH COURT OF AT
FIRST APPEAL NO. _____ OF 20XX
..... APPELLANT
(Defendant in the Trial Court)
VERSUS
..... RESPONDENT
(Plaintiff in the Trial Court)
APPEAL AGAINST THE JUDGMENT AND DECREE DATED PASSED BY THE IN CIVIL SUIT NO. OF 20XX
MEMORANDUM OF APPEAL
The Appellant above-named most respectfully submits this Memorandum of Appeal against the judgment and decree dated of the , on the following grounds:
1. The learned trial court erred in decreeing the suit without properly appreciating the evidence on record, particularly .
2. The learned trial court wrongly held that -- the correct position is , as supported by .
3. The learned trial court failed to consider the Defendant's evidence regarding which, if considered, would have led to dismissal of the suit.
4. The learned trial court erred in law by applying Section when the correct provision is Section , as held by .
5. The learned trial court violated principles of natural justice by .
6. The decree is against the weight of evidence and is liable to be set aside.
PRAYER: The Appellant prays: (a) set aside the judgment and decree dated , (b) dismiss the Respondent's suit with costs, (c) alternatively, remand to the trial court for fresh hearing on , (d) costs throughout, (e) any other relief deemed fit.
Filed with: Certified copy of the impugned judgment and decree.
Court Fee:
Advocate: | Date:
Filing Requirements
(a) Memorandum of Appeal signed by the appellant or advocate, (b) CERTIFIED COPY of the judgment and decree (mandatory -- Section 96), (c) Court fee (ad valorem -- calculated on the decree amount), (d) Vakalatnama, (e) Application for stay of decree (if seeking stay pending appeal -- Order 41 Rule 5), (f) Application for condonation of delay (if filing beyond 90 days).
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