| Citation(s) |
|---|
| 2025 SLG 5433 2025 SLD 5433 = 2025 PLD 14 |
Civil Appeal No. 51 of 2024, decided on 17th February, 2025. (On appeal from the judgment and decree of the High Court dated 21.12.2023 in Civil Appeal No. 50 of 2020).
Before Kh. Muhammad Nasim and Raza Ali Khan, JJ
Syed Nazir Hussain Shah Kazmi, Advocate for Appellants. Abdul Waheed Arif, Advocate for
Respondents. Date of hearing: 15th February, 2025.
MUHAMMAD IKHLAQ and others---Appellants
VERSUS
AMIR MUNIR and others---Respondents
Law: Azad Jammu and Kashmir Supreme Court Rules, 1978
Section: O. XIII, R. 3(1-A)
Azad Jammu and Kashmir Supreme Court Rules, 1978---
----O. XIII, R. 3(1-A)---Appeal before Supreme Court, filing of---Lists of the legal heirs of the parties with memo of appeal/petition for leave to appeal not submitted--Effect---Appeal, competency of---It was an admitted position that the lists of the legal heirs annexed with the (present) memo of PLA/appeal were not the lists of the legal heirs of the plaintiffs and defendants, filed before the Trial Court---Under Subrule (1-A) of R. 3 of O. XIII of the Azad Jammu and Kashmir Supreme Court Rules, 1978, filing of lists of the legal heirs of the plaintiffs and the defendants filed before the Trial Court, were mandatory to be annexed with the memo of PLA/appeal of the said statutory provision---It was enjoined upon the (present) appellants to annex the lists of legal representatives of the plaintiffs and the defendants, and if the same were not filed in the Trial Court, then the certification of the Trial Court in said regard should necessarily be brought on the record, which had also not been done---Thus, present appeal had been filed incompetently, therefore, there was no need to dilate upon the merits and demerits of the case as the same would be a futile exercise--Appeal, having been filed incompetently, was dismissed.