Law: Civil Procedure Code (V of 1908)

Section: 153

  Civil Procedure Court (V of 19013)-- ---S. 153. & O. XLI, R.3---Appeal admitted to regular hearing---Prayer made in the memorandum of appeal, which was in Urdu, was for setting aside the decision of trial Court, by refusing it to as " " and not as judgment and or decree-- Appellants, during pendency of a peal, however, filed an application for amendment of the memorandum of appeal so as to pray in so many words that "Trial Court's judgment and decree be set aside"---Appellate Court dismissed both application as well as appeal holding that appeal was not competent on the ground that appeal was directed against the judgment of trial Court and not against the "decree" granted by him---Memorandum of appeal was accompanied by certified copies of the judgment and decree passed by the trial Court which demonstrated that real dispute between the parties was with regard to judgment and decree passed by the trial Court---Heading of memorandum of appeal, mentioned the word " ~'`" also while in the prayer, dismissal of the suit was sought, which could not be ordered without setting aside the decree---Appellate Court, therefore was not justified in taking the view that the appellants were impugning the judgment and not the decree passed by the trial Court in circumstances and it should have thus allowed the amendment---Refusal to allow amendment was an illegality being in contravention of mandatory provision of S.153, C.P.C. Imtiaz Ahmad v. Ghulam Ali and 2 others P L D 1963 S C 382 and Khan Azizul Hassan Khan v. Haji Muhammad Ismail P L D 1972 Lah. 142 ref. Kedar Nath v. Lalji Sahai and another I L R 12 All. 61 distinguished.     Words and phrases-- ---"Decree" and "Judgment"---Distinction and meanings. Fallon's English-Urdu Dictionary - by. S.W. Fallon and Standard Urdu English Dictionary by late Baba-e-Urdu Dr. Abdul Haq ref. Civil Procedure Code (V of 1908)-- --- 153---Provisions of S. 153, C.P.C. are not only applicable to suits but also to other proceedings including appeals. Civil Procedure Code (V of 1908)-- ---Q. XLI, R.3(1)---Appellate Court is empowered to reject or…