Law:

Section:

(a) Civil Procedure Code (V of 1908)--

---- 0. XLI, R.1---Limitation Act (IX of 1908), S.5 --- Filing of appeal without certified copy of decree sheet---Condonation of delay --- Appeal was riled on 15-10-1976 against judgment and decree of Trial Court dated 7-10-1976 --- Copy of decree sheet was not attached as by then it was not prepared --- Copy of decree was delivered to petitioner on 29-4-1978 which he kept with himself and delivered to Court on 12-7-1978 --- Entitlement of petitioners for condonation of delay --- Act of Court must not prejudice hearing of cause for decision on, merits- --Approach of Court and its discretion in a cause for decision before it must be regulated and nurtured in Islamic philosophy of administration of justice wherein technicalities were not allowed to trip litigants and obstruct fair course of justice --- Such object being in the forefront, delayed riling of copy of decree-sheet ought to have been condoned for hearing of appeal on its merits for distributing their' rightful due to each party --- Delay in submitting copy of decree sheet was condoned and case was remanded to lower Appellate Court for reconsideration and decision afresh of appeal before it on merits,

(b) Islamic Jurisprudence---