civil pleading - Application_Section96_CPC_Memorandum_of_Appeal_Clean_Format

Category: Civil Law Documents

Updated: 2026-09-05T11:03:17.322749+00:00

APPLICATION UNDER SECTION 96 C. P. C. IN THE COURT OF THE DISTRICT JUDGE.................... Civil Appeal No..................... of 19.................... u/s. 96 C. P. C. C. D................................................... Plaintiff/Appellant VERSUS C. F............................................. Defendant/Respondent Sir, The appeal of the Plaintiff/appellant against judgment and decree of the learned Civil Judge..................... decreeing the suit of the plaintiff in part as to the realisation of the principal amount due and rejection of the claim for interest, is being preferred against the part of rejecting the claim of interest only on the following grounds: Valuation of the suit— Rs..................... Valuation of Appeal— Rs.................. Valuation of part of decree appealed against— Rs..................... Court fee paid— Rs.....................

GROUNDS OF APPEAL 1. Because the Court has no discretion as to whether pendente lite interest should be granted or not. The Court is bound to grant such interest. The Court has discretion only as to rate of interest. The learned Court below has erred in law in not allowing pendente lite interest to the appellant. 2. Because before filing of the suit, the appellant is entitled to receive contractual rate of interest, which the learned trial Court has prejudicially disallowed. 3. Because even after the decree the plaintiff/appellant is entitled to receive interest till the date of realisation of the principal amount with interest due. RELIEF CLAIMED The relief claimed by way of this appeal is that the appeal may be allowed by setting aside the part of decree of the Court below not granting any interest and allowing the interest to the appellant according to law. Appellant Dated..........

19........... Through Counsel My vakalatnama is on the record of the trial Court, as such no fresh vakalatnama is being filed with this memo of appeal. Counsel for Appellant