Law:

Section:

Civil Procedure Code (V of 1908)--- --------O. XLI, R. 1, O. XLIII, R. 1, Ss.96, 100 & 104---Appeal---Requirements---Appellate Court remanded the case for decision afresh---Contention of defendant was that appeal before the Appellate Court was not properly instituted as of Trial Court had not been appended with the memo of appeal---Validity---Every order was not appealable and right of appeal being a creation of statute could be availed only when it had specifically been granted---Appeal could be filed only against those orders which had been listed in O.XLIII or S.104 of Civil Procedure Code---Procedure for filing of appeal from decree or order was the same---Filing of decree against which appeal was instituted was mandatory requirement of law and court could not dispense with the copy of decree---Appeal filed under O.XLI, R.1, C.P.C. must be accompanied by copy of decree and appealed from and copy of of court of first instance unless same was dispensed with by the Appellate Court either expressly or by necessary implication---Judgment of Trial Court was not appended with the memo of appeal in the present case---Neither any application was made nor any reason had been stated in the appeal for not filing the same---Question of dispensing with the requirement of filing of copy of the of the court of first instance could not be considered in circumstances---Appeal was not properly instituted which was dismissed. Mst. Safia Begum v. Taj Din and others 1990 CLC (Lah.) 1503 ref. Ali Haider Shah v. Ghulam Muhammad 1981 CLC (SC AJK) 359 and Azad Govt. and 5 others v. Syed Sajjad Ali Gillani and another 2001 CLC 1105 distinguished. Muhammad Shafi v. Mst Jameela Bibi and 09 others 1980 CLC (SC AJ&K) 1130; Muhammad Amin Shah v. Mehtab and another PLD 1996 SC (AJ&K) 11 and Mst. Sandal Begum v. Bassam Muhammad PLD 1991 (AJ&K) 14 rel. THIS ORDER PASSED BY: GHULAM MUSTAFA MUGHAL, C.JUSTICE:----------------- The captioned appeal has been filed against the judgment and order passed by the learned Additional District Judge, Muzaffarabad on 13.12.2011, whereby judgment and decree passed by the Civil Judge, Muzaffarabad dated 25.04.2005 has been vacated and case…

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