Project Report

On Rules of Pleading and

Application of bail

Submitted To: - Submitted

By: -
Mrs.Sital Sharma Manjot Singh
UILS Mathoda
Punjab University Semester-8th

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 Section –
D

Roll No.261/15

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 Index
Serial Number Particulars Page Number

1. Acknowledgment 3
2. Introduction 4
3. Basic Rules of Pleadings 5-6
ORDER 6
4. Plaint ORDER 7 7
5. Written Statement ORDER 8 8-12
6. Appeals 13-15
7. Draft of Appeal 16-19
8. Bibliography 20

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 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher
Mrs.Sital Sharma who gave me the golden opportunity to do this
wonderful project on the topic (Rules of pleadings Order 6 ,7 ,8 and Draft
of Civil Appeal) which also helped me in doing a lot of research and I
came to know about so many new things I am really thankful to her.
Secondly, I would also like to thank my parents and friends who helped
me a lot in finalizing this project within the limited time frame.

Manjot Singh Mathoda.

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 Introduction
“Pleading” is defined as plaint or written statement. According to Mogha, “Pleadings” are statements in
writing drawn up and filed by each party to a case, stating what contentions will be at the trial and giving all
such details as his opponent needs to know in order to prepare his case in answer.”

A plaintiff’s pleading is his plaint , a statement of claim in which the plaintiff sets out his cause of action with
all necessary particulars, and a defendant’s pleadings is his written statement, a defense in which the
defendant deals with every material fact alleged by the plaintiff in the plaint and also states any new facts
which are in his favor, adding such legal objections as he wishes to take to the claim. Where the defendant, in
his written statement, pleads a set off, the plaintiff may file his written statement thereto. Again, in some
cases, the defendant after filing his written statement may file an additional written statement with the leave
of the court.

Object
The whole object of pleadings is to bring parties to define issues and to diminish expense and delay and to
prevent surprise at the hearing. A party is entitled to know the case of this opponent so that he can meet it. In
other words, the sole object of pleadings is to ascertain the real disputes between the parties, to narrow down
the area of conflict and to see where the two sides differ, to preclude one party from taking the other by
surprise and to prevent miscarriage of justice.

In Virendra Kashinath v. Vinayak N. Joshi1, the Supreme Court stated, “The object of the rule is twofold. First is
to afford the other side intimation regarding the particular facts of his case so that they may be met by the
other side. Second is to enable the court to determine what is really the issue between the parties.”

Importance
Importance of pleadings cannot be underestimated.

Jacob states, “Pleadings do not only define the issues between the parties for the final decision of the court at
the trial, they manifest and exert their importance throughout the whole process of the litigation.

Pleadings provide a guide for the proper mode of trial. They demonstrate upon which party the burden of
proof lies, and who has the right to open the case. They also determine the range of admissible evidence
which the parties should adduce at the trial. They also lay down limit on the relief that can be granted by the
court. Pleadings are thus the “foundation” of litigation.

It is a settled proposition of law that a party has to plead his case and substantiate it by leading sufficient
evidence. If the pleadings are not complete, the court is under no obligations to entertain pleas raised by him.

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 Basic Rules of Pleadings
Sub rule (1) of Rule 2 lays down the fundamental principles of pleadings. It reads as under:

2(1). Every pleading shall contain, and contain only a statement in a concise form of the material facts on
which the party pleading relies for his claim or defense, as the case may be but not the evidence by which they
are to be proved.

On analysis, the following general principles emerge:

(i)Pleadings should state facts and not law;

(ii)The facts stated should be material facts;

(iii)Pleadings should not state the evidence; and

(iv)The facts should be stated in a concise form.

Other rules of Pleadings

Over and above the aforesaid basic rules, there are other rules of pleadings dealing with cases of a special
nature. They have been laid down in Rules 4-18. They may be summarized thus:

(1) Wherever misrepresentation, fraud, breach of trust, willful default or undue influence are pleaded in the
pleadings, particulars with dates and items should be stated.

(2)As stated above, the object of pleading is to bring the parties to a trial by concentrating their attention on
the matter in dispute, so as to narrow the controversy to precise issues and to give notice to the parties of the
nature of testimony required on either side in support of their respective cases. A vague or general plea can
never serve this purpose. Rule 4 has been evolved with a view to narrow the issue and protect the party
charged with improper conduct from being taken by surprise. Therefore, if the particulars stated in the
pleadings are not sufficient and specific, the court should, before proceeding with the trial of the suit, insist
upon the particulars, which give adequate notice to the other side of the case intended to be set up.

(3)The performance of a condition precedent need not be pleaded since it is implied in the pleadings. Non-
performance of a condition precedent, however, must be specifically and expressly pleaded.

(4)Generally departure from pleading is not permissible, and except by way of amendment, no party can raise
any ground of claim or contain any allegation of fact inconsistent with his previous pleadings.

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(5)A bare denial of a contract by the opposite party will be construed only as a denial of factum of a contract
and not the legality, validity or enforceability of such contract.

(6)Documents need not be set out at length in the pleadings unless the words therein are material.

(7) Wherever malice, fraudulent intention, knowledge or other condition of the mind of a person is material, it
may be alleged in the pleading only as a fact without setting out the circumstances from which it is to be
inferred. Such circumstances really constitute evidence in proof of material facts.

(8)Whenever giving of notice to any person is necessary or a condition precedent, pleadings should only state
regarding giving of such notice, without setting out the form or precise terms of such notice or the
circumstances from which it is to be inferred, unless they are material.

(9)Implied contracts or relations between persons may be alleged as a fact, and the series of letters,
conversations and the circumstances from which they are to be inferred should be pleaded generally.

(10) Facts which the law presumes in favor of a party or as to which the burden of proof lies upon the other
side need not be pleaded.

(11)Every pleading should be signed by the party or one of the parties or by his pleader.

(12)A party to the suit should supply his address. He should also supply address of the opposite party.

(13)Every pleading should be verified on affidavit by the party or by one of the parties or by a person
acquainted with the facts of the case.

(14)A court may order striking out a pleading if it is unnecessary, scandalous, frivolous, vexations or tends to
prejudice, embarrass or delay fair trial of the suit.

(15)A court may allow amendment of pleadings.

(16)Forms in Appendix A of the Code should be used wherever they are applicable. Where they are not
applicable, forms of like nature should be used.

(17)Every pleading should be divided into paragraphs, numbered consecutively. Each allegation or averment
should be stated in a separate paragraph.

(18)Dates, totals and numbers should be written in figures as well as in words.

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 Plaint: Order 7
Meaning
The expression “plaint” has not been defined in the Code. However, it can be said to be a statement of claim, a
document, by presentation of which the suit is instituted. Its object is to state the grounds upon which the
assistance of the court is sought by the plaintiff. It is a pleading of the plaintiff.

Particulars
Every plaint should contain the following particulars:

(i)The name of the court in which the suit is brought;

(ii)The name, description and place of residence of the plaintiff;

(iii)The name, description and place of residence of the defendant;

(iv)Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect;

(v)The facts constituting the cause of action and when it arose;

(vi)The facts showing that the court has jurisdiction;

(vii)A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and court fees;

(viii)The relief claimed by the plaintiff, simply or in the alternative;

(ix)Where the plaintiff files a suit in a representative capacity, the facts showing that the plaintiff has an actual
existing interest in the subject-matter and that he has taken steps which may be necessary to enable him to
file such a suit;

(x)Where the plaintiff has allowed a set off or relinquished a portion of his claim, the amount so allowed or
relinquished;

(xi)Where the suit is for recovery of money, the precise amount claimed;

(xii)Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for
debts which cannot be determined, the approximate amount or value thereof;

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(xiii)Where the subject-matter of the suit is immovable property a description of the property sufficient to
identify it;

(xiv)The interest and liability of the defendant in the subject-matter of the suit;

(xv)Where the suit is time barred, the ground upon which the exemption from the law of limitation is claimed.

Written Statement: Order 8

Meaning
Though the expression “written statement” has not been defined in the Code, it is “ a term of specific
connotation ordinarily signifying a reply to the plaint filed by the plaintiff”. In other words, a written statement
is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint
and also states any new facts in his favor or takes legal objections against the claim of the plaintiff.

Who may file written statement?

A written statement may be filed by the defendant or by his duly constituted agent. Where there are several
defendants and a common written statement is filed by them, it must be signed by all of them. It is, however,
sufficient if it is verified by one of them who is aware of the facts of the case and is in a position to file an
affidavit. But a written statement filed by one defendant does not bind other defendants.

When written statement may be filled?

A defendant should, within thirty days from the service of summons on him, present a written statement of
his defense. The said period, however, can be extended up to ninety days.

Outer limit for filing written statement

Proviso to Rule1 as inserted by the Amendment Act,2002 prescribes outer limit of 90 days of filing written
statement from the date of service of summons on the defendant.

Special rules of defense

Over and above the general defense’s, Rules 2 to 5 and 7 to 10 deal with special points regarding filing of a
written statement:

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(1)New facts, such as the suit is not maintainable, or that the transaction is either void or voidable in law, and
all such grounds of defense as, if not raised, would take the plaintiff by surprise, or would raise issues of fact
not arising out of the plaint, such as fraud, limitation , release, payment, performance or facts showing
illegality, etc. must be raised.

(2)The denial must be specific. It is not sufficient for a defendant in his written statement to deny generally
the grounds alleged by the plaintiff, but he must deal specifically with each allegation of fact which he does
not admit, except damages.

(3)The denial should not be vague or evasive. Where a defendant wants to deny any allegation of fact in the
plaint, he must do so clearly, specifically and explicitly and not evasively or generally. Thus, if it is alleged that
he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount ,

But he must deny that he received that sum or any part thereof, or else set out how much he received.

(4)Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be
not admitted in the pleadings of the defendant, shall be taken to be admitted except as against a person
under disability. The court may, however, require proof of any such fact otherwise than by such admission.
When the defendant has not filed a written statement the court may either pronounce the judgement on the
basis of the facts stated in the plaint , or may require any such fact to be proved. If a judgment is pronounced
by the court, a decree shall be drawn up in accordance with it.

Set-Off: Rule 6
(a)Meaning
“Set-off” means a claim set up against another. It is a cross-claim which partly offsets the original claim. It is an
extinction of debts of which two persons are reciprocally debtors to one another by the credits of which they
are reciprocally creditors to one another. Where there are mutual debts between the plaintiff and the
defendant, one debt may be settled against the other. It is a plea in defense, available to the defendant. By
adjustment, set-off either wipes out or reduces the plaintiff’s claim in a suit for recovery of money.

(b) Doctrine explained

Where in a suit for recovery of money by the plaintiff, the defendant finds that he has also a claim of some
amount against the plaintiff, he can claim a set-off in respect of the said amount. The doctrine of set-off may
be defined as “the extinction of debts of which two persons are reciprocally debtors to one another by the
credits of which they are reciprocally creditors to one another”.

A plea of set-off is “a plea whereby a defendant acknowledges the justice of the plaintiff’s demand, but sets up
another demand of his own, to counterbalance that of the plaintiff; either in whole or in part”. Thus, it is a

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“reciprocal acquittal of debts between two persons”. The right of a defendant to claim set-off has been
recognized under Rule6. It obviates the necessity of filing a fresh suit by the defendant.

Let us see a few illustrations to understand the doctrine:

(a)A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs.1000. The two claims being
both definite, pecuniary demands may be set-off.

(b)A sues B for compensation on account of trespass. B holds a promissory not for Rs.1000 from A and claims
to set-off that amounts against any sum that A may recover in a suit. B may do so, for, as soon as A recovers,
both sums are definite pecuniary demands.

(c)Types
The law recognizes two types of set-off.

(i)Legal set-off; and

(ii)Equitable set-off.

Order 8 Rule 6 deals with legal set-off. But the said provision is not exhaustive and does not take away the
power of the court to allow such adjustment independent of Rule 6 of Order 8. It is known as “equitable set-
off”.

(d) Conditions
A defendant may claim set-off, if the following conditions are satisfied:

(i)The suit must be for the recovery of money;

(ii)The sum of money must be ascertained;

(iii)Such sum must be legally recoverable;

(iv)It must be recoverable by the defendant or by all the defendants, if more than one;

(v)It must be recoverable by the defendant from the plaintiff or from all the plaintiffs, if more than one;

(vi)It must not exceed the pecuniary jurisdiction of the court in which the suit is brought;

(vii)Both the parties must fill, in the defendant’s claim to set-off, the same character as they fill in the
plaintiff’s suit.

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(e)Effect of set-off
When a defendant pleads set-off, he is put in the position of a plaintiff as regards the amount claimed by him.
There are two suits, one by the plaintiff against the defendant and the other by the defendant against the
plaintiff; and they are tried together. A separate suit number, however, is not given a set-off. Where the
plaintiff does not appear and his suit is dismissed for default, or he withdraws his suit, or he fails to
substantiate his claim at the trial and his suit is dismissed, it does not affect the claim for a set-off by the
defendant and a decree may be passed in favor of the defendant, if he is able to prove his claim.

(f)Equitable set-off
Rule 6 deals with legal set-off only. It was allowed by the Court of Common Law in England. It is always in
respect of an ascertained sum of money. But there may be cases in which the defendant may be allowed a set-
off in respect of an unascertained sum of money. The provisions of Rule 6 are, however, not exhaustive. In
addition to legal set-off ,equitable set-off , as allowed by the Courts of Equity in England, may be claimed by
the defendant in respect of even an unascertained sum of money, provided that both the cross-demands arise
out of one and the same transaction or are so connected, in the nature and circumstances, that they can be
looked upon as parts of one transaction. In such a case, it would be inequitable to drive the defendant to a
separate suit. As it is, Order 20 Rule 19(3) of the Code recognizes an equitable set-off.

Thus, where A sues B to recover Rs.50000 under a contract, B can claim set-off towards damages sustained by
him due to breach of the same contract by A. likewise, in a suit by a servant against his master for salary, the
latter can claim set-off for loss sustained by him because of negligence or misconduct by the former since such
claim arises out of the same relationship. Again, in a suit by a washer man for his wages, the defendant –
employer may set-off the price of the clothes lost by the plaintiff.

Counterclaim: Rules 6A-6G

(a)Meaning
“Counterclaim” may be defined as “a claim made by the defendant in a suit against the plaintiff”. It is a claim
independent of, and separable from, the plaintiff’s claim which can be enforced by a cross-action. It is a cause
of action in favor of the defendant against the plaintiff.

(b)Doctrine explained
One of the pleas open to a defendant to defeat the relief sought by the plaintiff against him is a counterclaim.
Counterclaim may be defines as “a claim made by the defendant in a suit against the plaintiff”. Therefore, a
defendant in a suit may, in addition to his right to plead a set-off, set up a counterclaim. It may be set up only

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in respect of a claim for which the defendant can file a separate suit. Thus, a counterclaim is substantially a
cross-section.

Before the Amendment Act of 1976, there was no specific provision for counterclaim in the Code. The
Supreme Court, however, held the right to make a counterclaim statutory. It was held that the court has
power to treat the counterclaim as a cross-suit and gear the original suit and counterclaim together if the
counterclaim is properly stamped.

(c)Object
Before the Amendment Act of 1976, no counterclaim or set-off could be claimed except in money suits. The
Law Commission of India, however, recommended to avoid multiplicity of proceedings, right to the defendant
to raise a plea of set-off in addition to a counterclaim in the same suit. The provisions relating to counterclaim
thus seek to save time of courts, exclude inconvenience to the parties to litigation, decide all disputes
between the same parties avoiding unnecessary multiplicity of judicial proceedings and prolong trials.

(d)Nature and Scope

By the Amendment Act of 1976, a specific provision has been made for counterclaims by inserting Rules 6-A to
6-G. under sub-rule (1) of Rule 6-A, the defendant may set up by way of counterclaim against the claim of the
plaintiff any right or claim in respect of action accruing to the defendant against the plaintiff either before or
after the filing of the suit but before the defendant has delivered his defense or before the time fixed for
delivery of his defense has expired. Such counterclaim, however, should not exceed by the pecuniary
jurisdiction of the court cannot be ousted and the power to try the suit already entertained cannot be taken
away by accepting the counterclaim beyond its pecuniary jurisdiction.

When A has a claim of any land against B and brings an action to enforce that claim, and B has a cross-claim of
any kind against A which by the law he is entitled to raise and have disposed of in the action brought by A,
then B is said to have a right of counterclaim. Similarly, in a suit for injunction, a counterclaim for possession
can be allowed.

(e)Modes of setting up counterclaim

There are three modes of pleading or setting up a counterclaim in a civil suit:

(i)In the written statement filed under Order 8 Rule1;

(ii)By amending written statement with the leave of the court and setting up counterclaim; and

(iii)In a subsequent pleading under Order8 Rule9.

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(f)Who may file counterclaim?
Normally, it is the defendant who may file a counterclaim against the plaintiff. But incidentally and along with
the plaintiff, the defendant may also claim relief against the co-defendants in the suit. But a counterclaim
solely against co-defendants is not maintainable.

(g)When counterclaim may be set up?

A counterclaim may be set up by a defendant against a plaintiff in respect of cause of action accruing either
before or after filing of the suit, provided such claim is not barred by limitation.

(h) Effect of counterclaim

Such counterclaim has the effect of a cross-suit and the court can pronounce a final judgment both on the
original claim and the counterclaim. The counterclaim of the defendant will be treated as a plaint and the
plaintiff has a right to file a written statement in answer to the counterclaim of the defendant.

The effect of the counterclaim is that even if the suit of the plaintiff is stayed, discontinued, dismissed or
withdrawn, the counterclaim will be decided on merits, and the defendant will have a right to get a decree for
a counterclaim as claimed in the written statement. If the plaintiff does not file any reply to the counterclaim
made by the defendant, the court may pronounce the judgment against the plaintiff in relation to the
counterclaim as it thinks fit. The counterclaim shall be treated as a plaint and will be governed by the rules
applicable to plaints. Similarly, a reply filed in answer to a counterclaim shall be treated as a written statement
and governed by rules applicable to written statements.

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 Appeals
The expression “appeal” has not been defined in the Code. According to dictionary meaning, “appeal” is “the
judicial examination of the decision by a higher court of the decision of an inferior court”.

Stated simply, appeal is a proceeding by which the defeated party `approaches a higher authority or court to
have the decision of a lower authority or court reversed.

In Nagendra Nath Dey v. Suresh Chandra Dey2, speaking for the Judicial Committee of Privy Council, Sir Dinsha
Mulla stated:

“There is no definition of appeal in the Code of Civil Procedure, but their Lordships have no doubt that any
application by a party to an appellate court, asking to set aside or reverse a decision of a subordinate court, is
an appeal within the ordinary acceptation of the term.”

An appeal is thus a removal of a cause from an inferior court to a superior court for the purpose of testing the
soundness of the decision of the inferior court. It is a remedy provided by law for getting the decree of the
lower court set aside. In other words, it is a complaint made to the higher court that the decree passed by the
lower court is unsound and wrong. It is “a right of entering a superior court and invoking its aid and
interpolation to redress an error of the court below”.

Essentials
Every appeal has three basic elements:

(i)A decision (usually a judgment of a court or the ruling of an administrative authority);

(ii)A person aggrieved (who is often, though not necessarily, a party to the original proceeding); and

(iii)A reviewing body ready and willing to entertain an appeal.

Right to Appeal
A right of appeal is not a natural or inherent right. It is well –settled that an appeal is a creature of statute and
there is no right of appeal unless it is given clearly and in express terms by a statute. Whereas sometimes an
appeal is a matter of right, sometimes it depends upon discretion of the court to which such appeal lies. In the
later category of cases, the right is to apply to the court to grant leave to file an appeal; for instance , an
appeal to the Supreme Court under Article 136 of the Constitution of India. If a particular Act does not provide

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a right of appeal, it cannot be declared ultra vires only on that ground. Again, the right of appeal is a
substantive right and not merely a matter of procedure. It is a vested right and accrues to the litigant and
exists as on and from the date the lis commences and although it may be actually exercised when the adverse.

Appeal may be necessary for the suit or proceeding and not by the law that prevails at the date of its decision
or at the date of the filing of the appeal. This vested right of appeal can be taken away only by a subsequent
enactment if it so provides expressly or by necessary implication, and not otherwise.

In Anant Mills Co. Ltd. V. State of Gujarat3, speaking for the Supreme Court, Khanna,J. said:

“It is well-settled by several decisions of this court that the right of appeal is a creature of a statute and there
is no reason why the legislature while granting the right cannot impose conditions for the exercise of such
right so long as the conditions are not so onerous as to amount to unreasonable restrictions rendering the
right almost illusory.

One Right to Appeal

A second right of appeal is more or less a universal requirement. It is based on the principle that all men are
fallible and judges are human beings who may commit a mistake. A judge who has not committed an error is
yet to be born. This dictum applies to all judges from lowest to highest courts. Absence of even one right of
appeal must be considered to be a glaring lacuna in a legal system governed by the Rule of Law.

A hierarchy of courts with appellate powers each having its own power of judicial review has of course being
found to be counter-productive but the converse is equally distressing in that there is not even a single judicial
review.

The Law Commission also observed, “An unqualified right of first appeal may be necessary for the satisfaction
of the decretal litigant but a wide right of second appeal is more in the nature of luxury”.

The only ground upon which a suitor ought to be allowed to bring the judgment of one court for examination
before the members of another is the certainty or extreme probability.

Section 96,100,104 and 109 of the Code of Civil Procedure confer the right of appeal on aggrieved persons in
cases mentioned therein. Sections 96 to 99 and 107 read with Order 41 deal with first appeals.

Section 96
Section 96 of the Code confers a right of appeal. It reads as under:

96.Appeal from Original Decree.-(1)Save where otherwise expressly provided in the body of this Code, or by
any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising
original jurisdiction to the court authorized to hear appeals from the decisions of such court.

(2) An appeal may lie from an original decree passed ex parte.

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(3)No appeal shall lie from a decree passed by the court with the consent of parties.

(4) No appeal shall lie , except on a question of law, from a decree in any suit of the nature cognizable by
Courts of Small Causes, when the amount or value of the subject-matter of then original suit does not exceed
ten thousand rupees.

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In the court of Hon’ble District Judge, Jalandhar.

Civil Appeal No. 2674 of 2019

Mahendra Singh son of Ram Singh son of Budhu Mal,Resident of Sadar Bazar,Jalandhar, Tehsil and

District Jalandhar.

….Appellant.

Versus

1. Ashwani Kumar son of Darshan Kumar, now deceased through his legal heirs:-

i. Gaurav

ii. Raghav

Both sons of Ashwani Kumar son of Darshan Kumar , all residents of Sadar Bazar, Jalandhar.

2. Deepak son of Lt. Surinder Kumar resident of House no.332 Urban Estate, Jalandhar.

….Respondents

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 Appeal under Section 96 of CPC against the

Judgment and decree dated 05.02.2019

passed by the court of Shri Rajan,Additional

Civil Judge, Senior Division,Jalandhar, vide

which he has dismissed Civil Suit No.581 of

2013 filed by the plaintiff/appellant for

separate possession by means of partition.

Claim in Appeal:- For setting aside the impugned Judgment

and decree dated 05.02.2019 and the

appeal of the appellant be accepted by

decreeing the suit of appellant.

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Grounds of Appeal:-

Respected Sir,

It is submitted as under:-

1.That, the impugned Judgment and Decree under challenge is against the law and facts on the file

and is liable to be set-aside.

2. That, the findings of the Learned Lower Court on issues No.1 to 3 are palpably wrong, unfounded

based on conjectures and surmises. The Learned Lower Court has failed to discuss the documentary

and as well as oral evidence in its right perspective and has been misdirected to draw wrong

conclusions while deciding issues against the appellant. The Learned Lower Court while deciding all

these issues has heavily relied upon Ex.D1 and Ex.D2, the alleged family partition , whereas the

alleged documents of family settlement produced by the respondents as Ex.D1 and Ex.D2 are not

genuine documents and legally admissible documents and appellant was not party to the said

document and furthermore the said documents are not admissible in evidence and for any purpose

being illegal, unstamped and unregistered.

3. That, Learned Lower Court has wrongly observed that the suit of plaintiff/ appellant is not within

time , whereas it is a well settled law that no limitation is prescribed for a suit for partition, but

Learned Lower Court did not mention the citation and also ignored this settled law by holding that

the suit of appellant was not within time. The findings of the Learned Lower Court on all these issues

are palpably wrong, in the eyes of law, as the appellant has successfully proved that he is the co-

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owner in the property in suit , as such Learned Court should have decided all these issues in favour

of appellant and against the respondents.

4. That, the findings of Learned Lower Court on issues No.4 and 5 are uncalled for and not

sustainable in the eyes of law. The appellant has successfully proved that he is the co-owner in the

property in suit, as such he has a right to file the present suit, as such Learned Court should have

decided both the issues in favour of appellant against the respondents.

5. That, many debatable points are involved in the present appeal.

It is therefore prayed that in view of the aforementioned facts and

circumstances the impugned judgment and decree under appeal to be set aside and appeal of the

appellant be accepted with costs throughout it is necessary in end of justice.

Date:-15.02.2019 ….Appellant

Place:- Jalandhar Mahendra Singh

Through Counsel

Sh. R.S. Chauhan,Advocate.

Jalandhar.

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Bibliography
For the successful completion of this project report, the following sources have been referred to:-

1.Books Referred
a. Takwani,C.K. ; Civil Procedure with Limitation Act, 1963;Eighth Edition; published by Eastern
Book Company.

b.Chaturvedi, A.N.; Principles & Forms of Pleadings,Drafting & Conveyancing; Eleventh

Edition:2017; published by Allahabad Law Agency

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