Memorandum of first appeal (s.96 and Order XLI CPC)

A first appeal against a civil decree: the decree, the grounds, limitation, court fee and the relief.

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How the paper begins

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IN THE COURT OF District Judge, Amarnagar

Civil Appeal No. ______ of 2026

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Appellant (Defendant)

Versus

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Respondent (Plaintiff)

MEMORANDUM OF FIRST APPEAL UNDER SECTION 96 READ WITH ORDER XLI OF THE CODE OF CIVIL PROCEDURE, 1908

(against the judgment and decree dated 30-09-2026 passed by the learned Civil Judge (Junior Division), Amarnagar in Civil Suit No. 512 of 2026, Vikram Singh v. Kabir Sharma)

Respectfully Showeth:

1.That the respondent filed a suit against the appellant, Civil Suit No. 512 of 2026, Vikram Singh v. Kabir Sharma, in the court of the learned Civil Judge (Junior Division), Amarnagar, which, by its judgment and decree dated 30-09-2026, decreed the suit of the respondent for permanent injunction in respect of the strip of land along the western edge of Khasra No. 45/2.

2.That being aggrieved by the said judgment and decree, the appellant files this first appeal on the following grounds, among others.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Certified copies of the judgment and the decree under appeal (apply for them at the copying agency at once)
Copies of the plaint, written statement, evidence and documents of the trial court, if you have them
For a late appeal, the application for condonation of delay with its affidavit and proof of the reasons
Your identity proof, and a vakalatnama in favour of your advocate, signed by you

Where to go

Filed through an advocate in the court that hears appeals from that court: usually the District Judge, or the High Court when the value is above the District Court's limit.

Fee

Court fee on the value of the appeal under the state's court-fee law, worked out as for a plaint and assessed at the counter. The advocate's fee is separate.

Good to know

Appeal within 30 days of the decree to the District Court, or 90 days to the High Court, leaving out the time taken for the certified copy.
An appeal does not by itself stop the decree: see "Stay of execution pending appeal (Order XLI Rule 5 CPC)"; for a money decree the court may ask for a deposit or security.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.