Law: Civil Procedure Code (V of 1908)

Section: O.VII,XLI,R.1,11

Civil Procedure Code (V of 1908)--- ----O. XLI, R. 1---Form of appeal---Copy of decree, non-filing of---Effect---Rule 1 of O. XLI, C.P.C. provided that certified copy of the decree had to be appended with the memorandum of appeal---Provision regarding production of certified copy of the decree along with the memorandum of appeal was mandatory---Appeal not accompanied with the certified copy of decree sheet was incompetent. THIS JUDGMENT DELIVERED BY: SYED AFSAR SHAH, J.--- This civil revision is directed against the order dated 28.2.2018, recorded by learned Additional District Judge-IV, Kohat, whereby the appeal filed by the appellant, herein petitioner, was dismissed on the ground that he had not appended certified copy of the decree sheet with the memo of appeal. 2. Having heard learned counsel for the parties at length, it appears from the record available on file that on 21.10.2016, Nasir Khan, the petitioner filed a suit against Zamin Shah and one other, for declaration, grant of permanent/perpetual injunction and possession of the suit premises as an alternative relief. During the proceedings conducted in the learned lower court, the respondents/defendants moved an application for dismissal of the suit under Order XXIII rule I of the Code of Civil Procedure. The application, thus, given was vehemently resisted by the petitioner/plaintiff on various grounds, however, the learned lower court, after hearing counsel for the parties, while adhering to Order VII Rule 11, C.P.C, rejected the plaint, vide its judgment/decree dated 21.3.2017. The order of the learned lower court was appealed against by the petitioner in the court of learned Additional District Judge-IV, Kohat. The appellate forum, vide its order dated 28.2.2018, dismissed/rejected the appeal being not maintainable. Discontented with the order of the appellate forum, the petitioner has come to this court by filing the instant revision petition. 3. If one goes through the order of the appellate forum, one could reach to the conclusion that the learned appellate court has dismissed the appeal mainly on the ground that the appellant had failed to append certified copy of the decree with the memo. of…

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