CHANAKYA NATIONAL LAW UNIVERSITY

The Rough draft for the fulfilment of project of

“DRAFTING, PLEADING AND CONVEYANCING”

On

“DRAFTING OF MEMORANDUM OF APPEAL”

Submitted to:- Asst. Prof. B.R.N. Sharma

Faculty of Drafting, Pleading and Conveyancing

Submitted by: - Yash agrawal

Roll no.1663

4th Year B.B.A.L.L.B (Hons)

 INTRODUCTION
The Code of Civil Procedure, 1908 provides provisions for appeals from original decrees,
orders, appeals to High Court and Supreme Court, pauper appeals and appeals under other
Acts. As the value of the suit determines the Court in which the suit is to be filed; similarly it
also determines the forum of appeal. Where on the valuation given in the plaint in a suit
instituted in the Sub-Court, an appeal would be to the District Court, it is not allowed to the
defendant to prefer an appeal to the High Court by giving his own valuation in the
memorandum of appeal.

The following rules for drafting of Memorandum of Appeal are deducible from 0.41, R. l (2):
—

1. Grounds of objection should be written distinctly and specifically.

2. They should be written concisely.

3. They must not be framed in a narrative or argumentative form.

4. Each distinct objection should be stated in a separate ground and the grounds should be
numbered consecutively.

These rules are simple, but important. They must be carefully observed. Any failure to follow
these rules may result in an irreparable injury, for, if any memorandum of appeal is not drawn
up in accordance with them, the court may reject the appeal

RESEARCH METHODOLOGY
The researcher will emphasize and use the doctrinal method for this project topic.

The researcher will be collecting valuable data from library which includes the written works
and from the field. All these data will help the researcher to solve his research problem. All
the books, journals, articles published in newspapers, bodies, reports. The researcher will
make use of doctrinal. The doctrinal process includes the use of literary source.

AIMS AND OBJECTIVES

 To understand meaning of appeal and kinds of appeal that can be filed

 To understand the rules to be followed while drafting grounds of appeal.
 SCOPE AND LIMITATION
This project is limited in its scope due to paucity of time, multiplicity of areas to be covered
due to inherent vastness of the subject matter and limited financial resources. However, the
reasearcher has aimed to keep a fairly broad scope in order to gain a complete picture of the
topic.

TENTATIVE CHAPTERISATION
1. Introduction
2. Kinds of Appeal
3. Particulars of Memorandum of Appeal
4. Rules for Drafting of Grounds of appeal
5. A model Draft of a Memorandum of appeal
6. Conclusion

BIBLIOGRAPHY

 Bindra, N.S., “Pleadings and Practices”, Part 2, 9th ed. 2010, Universal Law
Publishing
Company, Delhi.