A Regular First Appeal (RFA) to the Delhi High Court, against a decree passed by a lower court, follows a specific format and procedure. The appeal is typically filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure. It must include the appellant's details, the lower court's judgment details, the grounds for appeal, and the desired relief.
Here's a breakdown of the typical format and key elements:
1. Caption/Heading:
"In the High Court of Delhi"
"Regular First Appeal No. [Appeal Number] of [Year]"
"Between: [Appellant's Name], S/O [Father's Name], R/O [Appellant's Address], Appellant"
"And: [Respondent's Name], S/O [Father's Name], R/O [Respondent's Address], Respondent"
2. Introduction:
Briefly state that the appeal is being filed against the judgment and decree passed by the lower court.
Mention the specific court (e.g., "Civil Judge, Delhi") and the date of the judgment.
Clearly state whether the appeal is against a decree that was passed in favor of the respondent or against the appellant.
Annex a certified copy of the judgment and decree with the appeal.
3. Facts of the Case:
Provide a concise and factual narration of the events leading to the suit in the lower court.
Include details about the nature of the suit, the issues involved, and the evidence presented.
4. Grounds of Appeal:
Clearly state the reasons why the appellant believes the lower court's judgment is incorrect.
These grounds should be specific and based on errors of fact or law.
Examples:
The trial court failed to properly appreciate the evidence.
The trial court erred in its interpretation of the law.
The trial court's findings are perverse or against the weight of evidence.
The trial court has not considered relevant evidence or arguments.
The trial court has overlooked legal precedents.
5. Prayer:
Clearly state the relief sought from the High Court.
This could include:
Setting aside the judgment and decree of the lower court.
Dismissing the suit filed by the respondent.
Remanding the case back to the lower court for a retrial.
Passing any other order that the High Court deems fit.
6. Court Fee and Valuation:
State the valuation of the appeal for court fee purposes.
Affix the required court fee stamps to the memorandum of appeal.
7. Verification:
The appellant(s) should verify the facts stated in the appeal as true and correct.
8. Annexures:
Attach relevant documents, including:
Certified copy of the judgment and decree of the lower court.
Any other relevant documents to support the grounds of appeal.
Important Considerations:
Limitation:
Appeals must be filed within the prescribed limitation period (usually 90 days for High Courts).
Legal Representation:
It is advisable to seek legal counsel for preparing and filing the appeal, as it involves complex legal procedures.
Specific Rules:
Refer to the Delhi High Court Rules and the Code of Civil Procedure for specific requirements regarding the format and procedure for filing an RFA.