SCHEDULE "A"
Form
No. I
(Rule.1)
Petition
for a certificate for leave to appeal to the Supreme Court.
IN
THE HIGH COURT OF JUDICATURE AT BOMBAY,
APPELLATE
CIVIL JURISDICTION
SUPREME
COURT CIVIL/CRIMINAL APPLICATION No.
OF 19
(For
leave to appeal to the Supreme Court)
(In
First/Second/Letters Patent/Appeal from 0rder/
Writs
Petition No. of 19
.)
Petitioner;
(Original
)
versus
Opponent.
(Original
)
To
The Honourable the Chief Justice and other Justices of
this Honourable Court.
The
petition of
Showeth:
1.
That
.(Here set out
Plaintiffs name) filed Suit No
.in the Court of
the................Judge, at .................. and prayed
.(Here SCT out a concise statement of the
plaint in suit and give amount or value of the subject matter.).
2.
That the said suit came on for hearing before the
.Judge at ................. on
................. the day of .................. and the said Judge on the
............... day of................... passed a decree/an order that
(Here
briefly set out the decree or the order.).
(Paragraphs
3 and 4 to be added in the case of Second Appeals only).
3.
That
.(Here insert the name of the appellant.),
the original Plaintiff/Defendant feeling himself aggrieved by the said
decree/order filed Appeal No. ................. against the same on the
................ day of..................in the District Court at
..........................
4.
That the said appeal came on for hearing before the
.Judge, at.............. on the
...................... day of .............. who ...... (Here state briefly the
result of the appeal.).
5. That ........................ (Here insert name of the appellant.) the original Plaintiff/Defendant, feeling himself aggrieved by the said decree/order filed First/Second Appeal No. ............... against the same on the ...................day of.................. in the Honourable Court.
6.
That the said appeal came on for hearing before the Court consisting of the
Honourable Shri Justice ...................... and the Honourable Shri Justice
..................... on the day of....................... who ................
(Here briefly state the result of the appeal.).
(Paragraphs
7 and 8 to be added in the case of Letters Patent Appeals only).
7.
That being aggrieved by the said decree/order ................. (Here set out
the name of the appellant.), the original Plaintiff/Defendant filed Letters
Patent Appeal No. ................ in this Honourable Court on the ......... day
of ............
8.
That the said appeal came on for hearing before the Court consisting of the
Honourable Shri Justice ...................... and the Honourable Shri Justice
.................... day of.................. who ........ (Here briefly set
out the result of the appeal).
9.
That the Petitioner, the original
Plaintiff/Defendant, feeling aggrieved by the said decree/order is desirous of
appealing to the Supreme Court from the same on the ground following :
(Here state the grounds and number them consecutively as
i, ii, in, etc. ....... ) '
10.
That the appeal involves a substantial question of law as to the interpretation
of the Constitution.
Or
10.
That the amount of the value of the subject-matter of the dispute in the Court
of the first instance and still in dispute on appeal to the Supreme Court is not
less than Rs. 20,000.
Or
10.
That the Judgment, decree or final order involves directly or indirectly a claim
or question respecting property of the amount or value of Rs. 20,000.
(If the Judgment, decree or final order appealed from
affirms the decision of the Cowl immediately below add.)
And
That the appeal involves a substantial question of law.
(If
the appeal also involves a substantial question of law as to the interpretation
of the Constitution then add also.)
That
the appeal also involves a substantial question as to the interpretation of the
Constitution.
Or
(If the property involved in appeat does not exceed Rs.
20,000 in amount or value or if the judgment, decree or final order does not
involve directly or indirectly some claim or question respecting property of the
amount or value of Rs. 20,000 say.)
10. That the case is a fit one for appeal to the Supreme
Court.
11. That your petitioner is ready and willing to comply
with the rules and orders as to giving security for costs and otherwise
regulating appeals to the Supreme Court.
The Petitioner therefore prays that Your Lordships be pleased to grant him a certificate under Article 132(1)/l33(1) (a)/(b)/(c) of the Constitution of India that ...................... (Here state the nature of the Certificate as set out in paragraph 10.)