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Legal Appeal: Ravi Gupta vs SBI

Mr. Ravi Gupta has filed an appeal against the decree and judgment passed by the Civil Judge in favor of the State Bank of India. The appeal alleges that the lower court's decision was contrary to law and evidence, that the lower court lacked jurisdiction, and failed to consider key arguments and evidence presented by the appellant. Specifically, the appellant argues the lower court did not properly consider that necessary parties were not joined to the suit and that there is no evidence to substantiate the plaintiff's claim against the appellant. The appellant requests that the appeal be allowed and the lower court's decree and judgment be set aside.

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Dilawar Singh
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769 views2 pages

Legal Appeal: Ravi Gupta vs SBI

Mr. Ravi Gupta has filed an appeal against the decree and judgment passed by the Civil Judge in favor of the State Bank of India. The appeal alleges that the lower court's decision was contrary to law and evidence, that the lower court lacked jurisdiction, and failed to consider key arguments and evidence presented by the appellant. Specifically, the appellant argues the lower court did not properly consider that necessary parties were not joined to the suit and that there is no evidence to substantiate the plaintiff's claim against the appellant. The appellant requests that the appeal be allowed and the lower court's decree and judgment be set aside.

Uploaded by

Dilawar Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF DISTRICT JUDGE

AT KANPUR NAGAR

First Appeal No. of 2017

Mr. Ravi Gupta,

S/o Mr. Jugal Kishore Gupta, Aged around 33 years.

…. Appellant/ 1st Defendant.

V.

State Bank of India,

Birhana Road Branch,

repd., by it’s Manager & Others.

. ….. Respondents.

Appeal against the decree and judgment passed by J. Surendra Nath, Civil
Judge (Senior Division), Kanpur Nagar on 03/05/2017 in O.S. No. 541 of
2016.

Respected Sir,

The above appellants most respectfully submit appeal on the following


grounds:

1. The appellants submit that the decree and judgment passed by the
Honb`le Court is contrary to Law, weight of evidence and probabilities
of the case.
2. The Lower Court passed the decree without having Jurisdiction to pass
the same.
3. The Lower Court has not considered the contention of the appellant and
consequently come to a wrong conclusion.
4. The appellant submits that the HOnb`le Lower Court failed to consider
that this suit is bad in law for non- joinder of necessary parties and mis-
joinder of parties, since no suit is filed against the said Dairy.
5. The appellant submits that the Honb`le Lower Court failed to observe
that there is no cogent evidence on behalf of the plaintiff to substantiate
the claim of the plaintiff.
6. The Lower Court failed to observe that the appellant never paid directly
any amount to the plaintiff and it is the specific case of the defendant that
they paid entire due amount to the said dairy and nothing is due and the
present circumstances celery appears that the plaintiff and the said Diary
colluded each other and plaintiff filed this false suit against the
defendant. Therefore, the present suit is totally bad for non – joinder of
necessary parties.

Relief

It is, therefore, humbly prayed that this Hon’ble Court may be pleased
to allow the appeal and set aside the decree and the judgement of the Civil Judge
(Senior Judge), dated 03/05/2017, in O.S. No. 541 of 2016 between Mr. Ravi
Gupta V. State bank of India.

Any other order which may be deemed fit in the interest of justice, may
be passed in favour of the appellant.

Place: Appellant:

Date:

Advocate:

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