MEMORANDUM OF APPEAL

IN THE M.P. HIGH COURT OF JUDICATURE AT JABALPUR

(Under its Civil Appellate Jurisdiction)

Appeal No. 3411 of 2019

In

Suit no. 34 of 2018 from the Court of Civil Judge, S.D., Narsinghpur

Saurabh, son of Ramesh, aged 28 years,

Occupation-Farmer, Resident of Golden City, Narsinghpur Appellant (Original Defendant)

Vs.

Nihal, son of Vibhukant, aged 29 years,

Occupation-Farmer, Resident of Silver City, Narsinghpur Respondent (Original Plaintiff)

Appeal against Judgment and Decree passed by Civil Judge, Senior Division, Narsinghpur on
24.03.2019 in Suit No. 34 of 2018

The appellant most respectfully sheweth that:

1. That the respondent has filed the Suit no. 34 of 2018 in the Court of Civil Judge, Senior
Division, Narsinghpur against the appellant for the recovery of Rs.1.25 lakh which sum
the appellant allegedly owed to the respondent against a sale of immovable property by a
sale-deed executed by the appellant in favor of the respondent.
2. The learned Judge heard the said suit and passed a decree of Rs.1.50 lakh against the
appellant on 24.03.2018.
3. The appellant being aggrieved by the said decree and judgment prefers this appeal on the
following amongst other grounds:
(i).That the learned Judge erred in holding that the sale-deed was legally valid.
(ii).That the sale-deed was invalid and hence not enforceable against the appellant.

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 (iii).That no property was passed from the respondent to the appellant under the sale-
deed.
(iv).That the learned judge erred in holding that the sale-deed was executed by the
appellant.
(v).That the handwriting expert was not called in spite of the repeated requests from the
appellant.
(vi).That the learned Judge erred in not appreciating the evidence of the appellant and his
witnesses.
(vii).That the decision of the trial Court is against justice, equity and good conscience and
hence not sustainable.
4. The appellant has not filed any other appeal prior to this in the Hon’ble Court.
5. The appellant therefore submits that the Honorable Court be pleased to send for the
records of the suit from the trial court and set aside the decree and the judgment of the
trial court.
6. Pending the hearing and final disposal of this appeal, the respondent be restrained by an
order of the Hon’ble Court from executing the aforesaid decree against both person and
property of the appellant.

Date:23.04.2019 (………)

Place: Jabalpur Advocate for the Appellant

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 AFFIDAVIT

IN THE M.P. HIGH COURT OF JUDICATURE AT JABALPUR

(Under its Civil Appellate Jurisdiction)

Appeal No. 3411 of 2019

In

Suit no. 34 of 2018 from the Court of Civil Judge, S.D., Narsinghpur

Saurabh,son of Ramesh, aged 28 years

Occupation-Farmer, Resident of Golden City, Narsinghpur Appellant (Original Defendant)

Vs.

Nihal, son of Vibhukant, aged 29 years

Occupation-Farmer, Resident of Silver City, Narsinghpur Respondent (Original Plaintiff)

I, Mr. ‘Saurabh’ aged 28 years, occupation-Farmer,R/o Golden City, Narsinghpur solemnly

affirm and say as follows:

1. That I am the appellant against the decree passed in the above-mentioned Suit no. 34 of
2018 in the Court of Civil Judge, Senior Division, Narsinghpur against me for the
recovery of Rs.1.25 lakh which sum I allegedly owed to the respondent against a sale of
immovable property by a sale-deed executed by me in favor of the decree-holder.
2. That the learned Judge heard the said suit and passed a decree of Rs.1.50 lakh against me
on 24.03.2018.
3. I, being aggrieved by the said decree and judgment prefer this appeal on the above
specified grounds.
4. I have not filed any other appeal prior to this in the Hon’ble Court.

VERIFICATION

I, AB the above named deponent do hereby verify on oath that the contents of the affidavit above
are true to my personal knowledge and nothing material has been concealed or falsely stated
therein.

Verified at Hoshiyarpur this 23rd day of April 2019. Deponent

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