Law: Civil Procedure Code (V of 1908)

Section: 5

Law: Limitation Act (IX of 1908)

Section:

  Civil Procedure Code (V of 1908)--- ----OXLI, R.1 & S.100---Second appeal---Non-filing of certified copy of judgment---Effect---Filing of certified copy of judgment of Court of first instance is a mandatory requirement---Where such copy was not filed alongwith memorandum of second appeal in High Court such appeal could not be said to be properly constituted unless the requirement has been dispensed with by the Court. Limitation Act (IX of 1908)--- ----S. 5---No effort was made by plaintiff to either obtain a certified copy or to file it before Court even after a period of six years had elapsed---Application for condonation of delay had also not been filed---Appeal was not competent in circumstances. Akbar Khan v. Muhammad Razzaq alias Abdur Razzaq P L D 1979 SC 830; S. Muhammad Ali and others v. Muhammad Sharif and others 1983 SCMR 299 and Siraj Din and another v. Muhammad Ishaq 1981 C L C 1740 ref. Akbar Khan v. Muhammad Raz7aq and others P L D 1979 S C 830 rel. Sardar Muhammad Akram for Appellant. Muhammad Siddiq Butt for Respondents. Date of hearing: 3rd December, 1989. JUDGMENT This is a defendant's appeal under section 100 of the C.P.C. against the judgment and decree of the Addl. District Judge, Lahore dated 22nd May, 1982 whereby the decree of the trial Court dated 12-4-1978 was modified. The dispute relates to house bearing No. 572/573 Doongar Mohallah, Saddar Bazar, Lahore Cantonment. On 9th March, 1966 Taj Din and Muhammad Yaqub respondents Nos.1 and 2 filed a suit for specific performance of an agreement to sell dated 3rd January, 1906 against Rehmat Ali respondent No.3. In the written statement filed by him Rahmat Ali stated that he had already sold the house in question to Mst. Sara Begum through a registered deed of sale in pursuance to an agreement dated 25-2-1r"). In view of this assertion the trial Court directed that Mst. Sara Begum the subsequent purchaser be impleaded as a defendant.     On the pleadings of the parties the trial Court framed 9 issues and recorded the evidence of the parties. On 4th November 1971 the suit filed by respondents 1 and 2 was decreed by the Civil Judge in their favour. On an appeal…