Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.1

Civil Procedure Code (V of 1908)--- ----O. XLI, R.1---Appeal from original decree---Formal defects in memorandum of appeal---Effect---Suit for possession was dismissed by Trial Court---Appeal filed by plaintiff/appellant thereagainst was dismissed on the ground that on the opening sheet of the appeal, "suit for mandatory injunction" was written instead of "suit for possession" and certain grounds of appeal related to "suit for mandatory injunction"---Appellant's application for amendment in the opening sheet was dismissed by Appellate Court---Contention of the appellant was that the appeal was filed for the suit for possession and only inadvertently suit for mandatory injunction had been written on the opening sheet---Validity---No doubt that along with the appeal certified copy of in suit for possession was attached and appeal was filed before the correct forum in relation to the jurisdictional value for a suit for possession---Such formal defects were ignorable by the Appellate Court and even amendment sought by the appellant was for removal of formal objections and even without such amendment, the appeal was to be proceeded on merits---When names of the parties were correct, certified copies of correct and decree were annexed with the appeal and the value of the purpose of court-fee and jurisdiction were correctly mentioned in the opening sheet, then the Appellate Court was bound under law to decide the appeal on merits---High Court set aside impugned order and directed the Appellate Court to decide the cases on merits---Appeal was allowed, accordingly. 2004 SCMR 1740 distinguished. JUDGMENT AMIN-UD-D1N KHAN, J.---Through this appeal, appellant has challenged the judgment and decree dated 7-3-2005 passed by learned Addl: District Judge, Lahore, whereby the appeal filed by the appellant was dismissed on technical grounds. The appellant has prayed for setting aside the judgment and decree passed by learned Addl: District Judge and prayed for remand of the case. 2. Briefly, the facts of this case are that the appellant-plaintiff filed a suit for possession of suit land fully described in the head note of plaint. The suit was contested. Both the parties produced…

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