DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

MEMORANDUM OF APPEAL FROM ORDER[1]*/ORIGINAL DECREE**

*F. M. A.  NO.                OF  2007

F. M. A. T. NO.            OF 2007

**F. A.  NO.                OF  2007

F. A. T. NO.            OF 2007

IN THE MATTER OF:

A

Son of B

of Address.

……….Defendant /Appellant

- Versus -

X

Son of Y

of Address.

……….Plaintiff/Respondent

SUIT VALUED AT TK.                      ONLY

APPEAL VALUED AT TK.               ONLY

Being aggrieved by and dissatisfied with the Order No.01 / impugned judgement dated _____________and decree dated __________ passed by the 1^st Joint District Judge Court, Dhaka [granting the Temporary Injunction Application filed by Plaintiffs/Respondents] in Title Suit No. _______ of 2007. The learned __________Judge purely on misconception of fact and law has granted [the Application for Temporary Injunction] on the ground that ___________and that irreparable loss would be suffered by the Plaintiff/Respondent for which it could not be compensated. The Defendant/Appellant above named begs to prefer this appeal on the following amongst other:

GROUNDS

I. For that the learned Trial Court committed an error of law resulting in an error of decision.

II. For that the learned trial court has committed an error of law and fact in holding that the Defendant/Respondent has put the Plaintiff/Respondent under economic duress.

III. For that the learned court has committed a serious error of law in deciding that_________________________.

IV. For that the trial court has erred in law by granting the injunction application by wrongly considering balance of convenience and inconvenience in favour of the Plaintiff/Respondent and also by not considering the irreparable loss to be sustained by the Appellant.

V. For that the trial Court has erred in law in apprehending that the Plaintiff/Respondent will suffer loss unless the injunction is granted.

VI. For that the learned trial courts pronounced his judgment and decree/passed his order without application of judicial mind and as such interference by this honourable court is necessary.

VII. For that the impugned judgment and decree / order is not proper in law and as such it is liable to be set aside.

VIII. For that in the facts and circumstances of this case the trial court acted illegally and as such the impugned order/decree is liable to be set aside.

IX. For that other grounds of law and facts will be placed at the time of hearing.

C E R T I F I C A T E

I certify that the grounds set-forth above are good grounds for this appeal and I undertake to support those at the time of hearing.

___________________

(_________________)

Advocate

List of Documents:

1.       Memo of Appeal;                1

2.       Vokalatnama;                      1

3.       Impugned judgment dated; 1

4.       Decree/order dated   _____ 1

5.       2^nd Judge’s Copy.

____________________________

Total: 4

[1] APPEAL LIES AGAINST ORDER(All Misc Appeal) : O 7 R 10 (return of plaint); O 9 R 9(P absent -  Rejecting an Application to Set Aside Dismissal of Suit ) ; O 9 R 13(D Absent-Rejecting an application to set aside exparte decree); O 38 R 6(Order of Attachment); O39 R 1(injunction) R 2 ( Injuction to restrain Repetition) R 4 (variation/discharge/ set aside injunction) R 10 (Deposit of Money).;

First Appeal also Lies: O 7 R 11(Application allowed). ; Againt Decree and above Order while exercising Original Jurisdiction.

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