| Citation(s) |
|---|
| 1975 SLG 230 1975 SLD 230 1975 SCMR 254 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 488 of 1974, decision dated: 28th October 1974. (On appeal from the judgment and order of the Lahore High Court, dated She 5th of February 1974, in R. S. A. No. 117 of 1970)
SALAHUDDIN AHMAD AND MUHAMMAD GUL, JJ
Khawaja Mushtaq Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 488 of 1974, decision dated: 28th October 1974. (On appeal from the judgment and order of the Lahore High Court, dated She 5th of February 1974, in R. S. A. No. 117 of 1970)
SALAHUDDIN AHMAD AND MUHAMMAD GUL, JJ
Khawaja Mushtaq Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents
Mst. KANEEZ FATIMA
VS
GHULAM MUHAMMAD ETC
Law:
Section:
Civil Procedure Code (V of 19080-- --- O. XIII, r. 2, react with O. XLI, r. 1Civil appeal-Whether mere omission to file copy of trial Court's judgment can affect competence of appeal and High Court on second appeal should permit appellant to put in judgment within a specified time-Leave to appeal granted to consider question. ORDER SALAHUDDIN AHMED, J. The -Petitioner has been aggrieved by the dismissal of his second appeal by the High Court on the ground that the appeal was not accompanied by a copy of the judgment of the trial Court as required under Order XII1, Rule b., read with Order XLI, rule 1 of the Code of Civil Procedure. It appears that this omission escaped the notice of the Bench admitting second appeal to a regular hearing. The omission was discovered by the learned Single Judge of the High Court before whom the appeal appeared for a regular hearing. It was, however,…
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