Answer of the question of 2008 (June)
District- Rangpur
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CIVIL APPELLATE JURISDICTION)
Memorandum of Appeal from Original Decree
First Appeal Tender No. of 2008
First Appeal No. of 2008
IN THE MATTER OF :
Abdul Qayum
Son of
Of,…..
Vill-
P.S.-
…………………Defendant-Appellant
Versus
Plaintaff's
All Son of, Jaha Baksh
Of,
Vill-
P.S.-
……………Plaintiff's-Respondent
Suit Valued at Tk. ..............
Appeal Valued at Tk.
Being aggrieved by the judgment and decree dated
02.02.2008 passed by the Court of Joint District
Judge, Rangpur in Title Suit No.82 of 2008 rejecting
the plaint of the said suit, the plaintiffs-appellant
begs to prefer this Memorandum of Appeal on the
following amongst other,
Grounds
I.
For that the impugned judgment and decree is bad in facts and
law as well.
II.
For that the learned Joint District Judge erred in law
dismissing the suit.
III.
For that the learned Joint District Judge acted on his own
surmise and conjecture decreeing the suit in not considering the issues
involved in the suit.
IV.
For that the learned Joint District
Judge failed to appreciate, assess the facts and circumstances of the case,
materials on record in accordance with law.
V.
For
that the lower appellate Court had traveled beyond its jurisdiction by
decreeing the suit and as such judgment and order passed by the Trial Court is
wholly illegal, malafide and unsustainable in the eye of law.
VI. For that the learned Joint District Judge without considering
the facts and circumstances of the suit, exhibits and evidences on record on his
own assumption found that the defendant could not prove the possession on the
suit land and thereby committed miscarriage of justice in decreeing the suit
not tenable in law.
VII. For that considering the facts and circumstances of the suit
and materials on record the learned Joint District Judge ought to have decreed
the suit on defendant’s favour.
VIII.
For that the learned trial court decreed the suit on the
findings that the defendant could not prove his title, which is baseless and
illegal.
IX. For that the Learned Joint District Judge most illegally and
arbitrarily gave stress upon the claim of the plaintiff overlooking on the
facts and circumstances of the case and materials on record.
X. For that the learned Joint District Judge illegally based his
findings in favour of the plaintiff in deciding the suit, based on assumption,
contrary to the materials on record.
XI. For that the Learned Joint District Judge failed to consider
that the plaintiff succeeded to prove the case in accordance with law and hence
the impugned Judgment and Decree is not tenable in law.
CERTIFICATE
I have gone the records of the suit and found good
grounds of appeal and having prepared them I
undertake to support them at the time of hearing.
Advocate
List of papers :
1. Memo of Appeal - 1 copy
2. Judgment and Decree - 1 copy
3. Vokalatna - 1 copy
4. Second Judge’s Copy- 1 copy
Total - 4 copies
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