Answer of the question of 2010-
Same as the 2011 answer. Just change the parties name.
Answer of the question of 2009-
Advocate
Same as the 2011 answer. Just change the parties name.
Answer of the question of 2009-
District- Dhaka
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CIVIL APPELLATE JURISDICTION)
Memorandum of Appeal from Original Decree
First Appeal Tender No..........2008
First Appeal No. of 2008
IN THE MATTER OF :
Hossain
Son of
Of,…..
Vill-
P.S.-
…………………Plaintiff-Appellant
Versus
Kabir
Son of,
Of,
Vill-
P.S.-
……………Defendant-Respondent
Suit Valued at Tk. 3200000
Appeal Valued at Tk. 3200000
Being aggrieved by the judgment and decree
dated 10.7.2008 passed by the 1st Court of
Joint District Judge, Dhaka in Title Suit No.329 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 dismissing 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 plaintiff 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 plaintiff’s favour.
VIII. For that the learned Joint District Judge erroneously found that the
defendants claim is appropriate as he was enjoying the land for a long
time.
IX. For that the Learned Joint District Judge most illegally and arbitrarily
gave stress upon the claim of the defendant overlooking the facts and
circumstances of the case and materials on record.
X. For that the learned Joint District Judge illegally based his findings in
favor of the defendant 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. Vokalatnama - 1 copy
4. Second Judge’s Copy- 1 copy
Total - 4 copies
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