Answer to the question of 2008 (November)
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 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 favor.
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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