High Court Permission Exam. Civil Drafting – 03.(appeal)

হাইকোর্ট পারমিশন লিখিত পরীক্ষা প্রস্তুতি ২০২৩-২০২৪

Civil-Question No-03 (Civil Part):

Arif filed a suit for declaration of title and prayed for an injunction against Farid valuing the suit at Tk. 6,00,000/- Arif claimed the property by way of inheritance on the other hand Farid claimed the same by way of purchase from the co-sharer of Arif. The Joint District Judge dismissed the suit on the ground that Arif was the witness on the sale deed executed in favour of Farid regarding the self-same property. Draft a Memorandum of Appeal before the Supreme Court of Bangladesh, High Court Division. (Held on 30th November, 2007).

(প্রশ্নটি বাংলায় (দেওয়ানী)ঃ আরিফ ফরিদের বিরুদ্ধে স্বত্ব ঘোষণার জন্য এবং তৎসহ নিষেধাজ্ঞার প্রার্থনায় একটি মোকদ্দমা দায়ের করিল এবং মোকদ্দমার তায়দাদ নির্ধারণ করিল ৬,০০,০০০/- (ছয় লক্ষ) টাকা মাত্র। অশফাক, উত্তরাধিকার সূত্রে সম্পত্তি দাবী করে, অন্য পক্ষে ফরিদ উক্ত সম্পত্তি আশফাকের সহ অংশীদার হইতে ক্রয় সূত্রে দাবী করে। বিজ্ঞ যুগ্ন জেলা জজ মামলাটি এই কারণে খারিজ করেন যে একই সম্পত্তির ব্যাপারে ফরিদের অনুকুলে সম্পাদিত একটি বিক্রয় দলিলে আরিফ একজন সাক্ষী ছিল। বাংলাদেশ সুপ্রীম কোর্টের হাইকোর্ট বিভাগে দায়ের করার জন্য আপীলের একটি মেমোরেন্ডামের খসড়া প্রস্তুত করুণ। (৩০শে নভেম্বর, ২০০৭)।

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Answer to the Question No-03 (Civil)

DISTRICT: DHAKA.

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

MEMORANDUM OF APPEAL FROM ORIGINAL DECREE

FIRST APPEAL TENDER NO. OF 2022

FIRST APPEAL NO. OF 2022

IN THE MATTER OF:

Memorandum of Appeal against original decrce.

AND

IN THE MATTER OF:

Arif Son of Kamal Hossain, of village/ of 15 Free School Road, Dhanmondi, Police Station- Dhanmondi, District- Dhaka.

……. Plaintiffs-Appellant.

-VERSUS –

Farid son of late Amirul Islam, of village of 20 Free School Road,Dhanmondi, Police Station- Dhanmondi, District- Dhaka.

……. Defendant-Respondent.

APPEAL VALUED AT TK. 6,00,000/-

SUTI VALUED AT TK. 6,00,000/-

Being aggrieved by and dissatisfied with the impugned judgment and decree dated 07.07.2019 passed by the learned Joint. District Judge, Court, Dhaka in Title Suit No. 189 of 2019 and dismissing the suit, the humble plaintiff appellant begs to prefer this Memorandum of appeal before this Hon’ble Court on the following amongst other –

-GROUNDS-

I. For that the impugned judgment and decree passed by the learned Joint District Judge, Court, Dhaka is bad in law as well as in facts.

II. For that the learned Joint District Judge, 1/2 Court, Dhaka was wrong in dismissing the suit merely on technical ground without considering the merit of the case.

III. For that the learned Joint District Judge, 1/2 Court, Dhaka committed gross illegally in dismissing the suit without applying judicial mind and as such the judgment and decree is liable to be set aside.

IV. For that the learned trial Court did not consider the facts, circumstances and evidence on record oral and documentary and most arbitrarily dismissed the suit and as such the judgement and decree cannot be sustained in law.

V. For that the learned court below failed to conceive that the plaintiff-appellant is an illiterate person and taking advantage of this he was mislead by the defendant-respondent in respect of the nature, character and contents of his deed and Ashfaq signed the deed under wrong impression without his free will.

VI. For that the learned court below committed gross illegality failing to conceive that the suit property had not been partitioned by metes and bounds and as such the sale deed of Farid was not valid and as such the learned Court below arrived at an illegal decision occasioning failure of justice.

VIL For that the learned Court below erred in law misconceiving that the title on the suit land has already been passed over from Farid to Ashfaq by a duly registered sale deed and as such the impugned judgment and decree is liable to be set aside.

VIII. For that the learned Joint District Judge, Dhaka was wrong in dismissing the suit merely on the ground that the plaintiff appellant was an attesting witness to the Deed of transfer executed in favour of the defendant respondent in respect of the self same property without considering the merit of the case.

IX. For that the learned Joint District Judge, 15″/2nd Court, Dhaka committed gross illegality in dismissing the suit without applying judicial mind and as such the judgment and decree is liable to be set aside.

X For that the learned trial Court gave his judgment without application of judicial mind and as such interference by this Hon’ble Court is necessary.

XI. For that the learned Court below misread and misunderstood the pleadings and as such the judgement and decree is liable to be set aside.

XII. For that the learned Joint District Judge, 1/2 Court, Dhaka with due consideration of actual facts, circumstances and evidences on record and pleading of the parties ought to have allowed the suit filed by the defendant respondent.

XIII. For that the judgement and decree passed by the learned trial Court is had in law as well as violation of Principle of natural Justice as such the judgement and decree is liable to be set aside.

XIV. For that the learned trial Court recorded deposition of the plaintiff side and the plaintiff proved plaint case and corroborated other witnesses in despite of the Court dismissed the suit most illegally, arbitrarily and as such the impugned Judgment and decree cannot be sustained in law.

XV. For that the learned Court below failed to conceive that the suit land is sufficiently described in the schedule.

XVI. For that the learned trial Court relied his Judgment on the evidence of the defendant rather than the plaintiff and as such his Judgment and decree is liable to be set aside.

XVII. For that the learned trial Court should have to consider that the defendant did not support his case by any neutral evidence except him.

XVIII. For that the impugned judgment and decree is not proper and tenable in law and as such the same is liable to be set aside.

XIX. For that in any other view of the matter the learned trial court ought to have decreed the suit.

XX. For that in any other view of the matter the impugned judgment and order passed by the learned trial Court / learned Joint District Judge, 1st/2nd Court, Dhaka is not tenable in the eye of law and as such the same is liable to be set aside.

XXI. For that the Judgment and decree neither is proper nor in accordance with law.

XXII. For that there are other good grounds for allowing the appeal setting aside the impugned judgment and decree. Hence, the impugned judgment and decree is liable to be set-aside.

Or,

For that the other grounds will be pressed at the time of hearing of appeal.

Certificate

I do hereby certify that I have gone through the impugned judgment and decree and in my opinion the grounds taken in the memorandum of appeal are good grounds of appeal which I undertake to support at hearing of the appeal.

(__MIR. XYZ___________)

Advocate

For the Plaintiffs-Appellant

Supreme Court of Bangladesh

Membership No.

Room NO.

Mobile No.

List of papers: /List of documents:

1. This Meno of Appeal. Or The Memorandum of Appeal,

2. Vokalainama.

3. Certified copy of Judgment and decree.

4. Hon’ble Second Judge’s Copy.