Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- ---O.XLIII, R.3---Notice to respondent before presentation of appeal---Object, scope and import of---Respondent has the right of being heard at .the pre admission stage under provisions of O.XLIII, R.3, C.P.C.---Where such right is infringed, it will amount to legal injury and prejudice will be presumed---Where appellants not only filed appeal without complying with the: pre-requisites for presentation of an appeal but also succeeded in obtaining stay order, rights and interests of respondents were definitely prejudiced. Mrs: Dino Manekji Chinoy and '8 others v. Muhammad Matin PLD 1983 SC 693; Siraj Din and others v. Province of Punjab 1984 CLC 1287.; Muhammad Siddique and 6 others v. Boota PLD 1985 Lah. 243; Haji Muhammad Naeem and another v. Malik Ghulam Nabi and 5 others,PLD 1988 Qpetta 9; Muhammad Ramzan and another v. Haji Karim Bakhsh and 5 others 1988 CLCA4$; Messrs Haji Suleman Gowawala & Sons Ltd. v. Usman and 13 others 1985'CLC 168 and Ghulam Rasul v. Mst. Vatima 1.987 CLC 1177 ref., Civil Procedure Code '(V pf 1908)--- ---0. XLIII, R.3---Nort-compliance of provisions of O.XLIII, R.3, C.P.C;-- Effect---Right of appeal which has been provide under O.XLIII, C.P.C. cannot be defeated merely because of non-compliance of provisions of OXLIII, R:3, C.P.C.---Technicalities of law arc not meant to be a stumbling block in the way, of enforcement of rights of parties---Respondent having received notice after admission of appeal ends of justice would be adequately met if the admission order was recalled and the appeal refixed for motion hearing in the presence of counsel of parties. Mrs. Dino Manekji Chinoy and 8 others v. Muhammad Matin PLD 1983 SC 693 rel. PLD 1983 Kar. 387 ref. Civil Procedure Code (V of 1908)--- ---O.XLIII, R.3---Notice to respondent before filing appeal---Essential requirements---Although service of notice is the responsibility of postal authorities yet the law requires that acknowledgement receipt be annexed to the appeal in proof of the service having been effected---Appellant has, thus, ordinarily to wait till the service of notice as contemplated had been effected---In cases involving…