Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)-- ----O. VI, R.17 & S.115---Disposal of appeal by Appellate Court without granting opportunity of hearing to parties---Validity---Appellate Court had heard arguments on application for amendment of written statement and it was to announce orders on the application only---Appellate Court, thereafter, was to decide appeal on merits with opportunity of hearing to parties---Appellate Court was not supposed to dispose of appeal first on basis of arguments on the application for amendment of written statement---Appellate Court had not heard arguments on main appeal and as such disposal of main appeal by way of impugned judgment and order would not stand to any valid reason---Judgment and order of Appellate Court was set aside and case was remanded with direction to first dispose of application for amendment of written statement and thereafter, to proceed in appeal in accordance with law. S. Mir Muhammad for Petitioner. Hidaytullah Khan for Respondents No.1 and 5. Akhtar Ali for Respondent No.2. Date of hearing: 15th September, 1993. JUDGMENT This case has to go back to the District Judge for decision on merits. Vide his order dated 30-1-1984 the case was posted to 14-2-1984 for arguments on the petitioner's application for amendment and also on merits. But afterwards on 11-11-1984 the Court recorded an order:-- "Counsel for the parties present. Arguments on ap p lication heard. To come up for orders on 20-11-1984." (Underlining is for emphasis). On 20-11-1984 there was recorded one order-sheet:-- . "Representative of the respondent-company present. Vide my detailed judgment, I dismiss this appeal with costs." Another order-sheet was recorded:-- "N.B.--In view of the dismissal of the appeal on merits, the application filed by the appellant-Corporation under Order 6, Rule 17, C.P.C. for making amendments in the written statement is also dismissed being infructuous." 2. In the judgment…