Second Appeal u/s 100 of CPC

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” –

1.      Reliefs prayed for / claimed;

2.      Grounds for Reliefs prayed for / claimed; (both factual and legal);

3.      Narration of facts substantiating the said grounds.

Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”. Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed.

CODE OF CIVIL PROCEDURE, 1908

FORM 1 : MEMORANDUM OF APPEAL

(Order XLII, rule 1)

(Title)

The above named appeals to the Hon’ble Court at from the decree passed by the Appellate Court in Suit No. of 19 dated the day of 19 , and sets forth precisely the substantial question of law involved herein is –

(a)     

Substantive law

http://thepracticeoflawjalan.blogspot.in/2015/02/s100-o42-second-appeal.html

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