Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XLI,XXIX,R.1,3

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115, O.XXIX R. 1 & O.XLI R. 3--Consolidated & decree--Appeal--Rejected--Appeal was not duly signed by secretary or director legal of company--Negligence of counsel--Maintainability--Observation of Court--Challenge to--When appellate Court observed that appellant may file a fresh appeal properly constituted, then how order is revisable under Section 115 of C.P.C, learned counsel is unable to satisfy Court with regard to maintainability of Civil Revision--When defect in filing of appeal is not denied by learned counsel for petitioner and further that observation of Court that fresh appeal can be filed, therefore, this civil revision is not competent and same is dismissed in limine. THIS ORDER PASSED BY: AMIN-UD-DIN KHAN, JUSTICE---.--- Through this civil revision, petitioner has challenged the order dated 13.11.2015 passed by learned Addl. District judge, Sialkot, whereby appeal filed by the petitioner against the consolidated judgment & decree dated 30.09.2015 passed by learned Civil Judge 1st Class, Sialkot, has been rejected. 2. I have heard the learned counsel for the petitioner and gone through the order passed by the…

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