Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ----O. XLI, R.11---Power of Appellate Court---First Appeal---Dismissal in limine---Rule of practice---Principles. It is not an inflexible rule of practice that the first appeal from an order should be invariably admitted which in no case can be dismissed in limine. Depending upon the facts and circumstances of each case and the statute under which an appeal is filed it is difficult to lay down an absolute rule of practice for all cases. The dismissal of first appeal in limine is not a general rule but can be resorted to in those cases which are of such a simple nature that no question of law and facts arises for consideration. Rule 11 of Order XLI of the Code of Civil Procedure does certainly give the Appellate Court, in an appropriates case, the power to dismiss an appeal in limine. Abid Hussian v. Mst. Afsar Jehan Begurn and another PLD 1973 SC 1 and Ali Muhammad v. Commissioner Afghan Refugees, N.-W.F.P. and another 1995 SCMR 1675 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- ----S. 13---Civil Procedure Code (V of 1908), O.XLI, R.11--- Arbitration Act (X of 1940), First Sched., para.5---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Appeal---District Judge on appeal referred the matter to the Arbitrators---Respondent filed objection petition for setting aside the arbitration awards which was accepted by the District Judge and first appeal by the petitioner against the order of the District Judge was dismissed by the High Court---Contention of the petitioner was that dismissal of the first appeal in limine by the High Court was against the established principles of law and was passed in disregard of the provisions of Arbitration Act, 1940 and was also against the evidence on record and there was no justification for the interference with the award---Validity---High Court had justifiably come to the conclusion that in the present case the defects/illegalities noted by the District Judge were apparent on the face of the record in which the decision on affidavits could be safely given without holding a detailed inquiry---Judgment of the High Court was just and fair in the facts…

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