Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code (V of 1908)--- ---- O.XLI, R-17-Limilation Act (IX of 1908), S.12 --- Where copy of decree sheet appealed against had not been prepared by Trial Court, there was no occasion for Appellate Court to have dismissed appeal for want of decree sheet, but it should have been kept pending till Trial Court could have prepared decree sheet and issued copy thereof --- In absence of original decree sheet, appellant could ask for its preparation, obtain its copy and then file appeal counting limitation from its date of preparation. Mst. Karimat v. Majnoon and 2 'others 1980 C L C 00 and Abdul Ghafoor and another v; Sher Ahmed and others P L D 1961 (W.P.) Lah. 366 ref. Abdul Waliced for Petitioners. Abdus Samad Hashmi-for Respondents. Date of hearing: 5th March, 1991. JUDGMENT This Civil Revision is directed against the order dated 18-12-1976 of the learned District Judge, Sargodha, whereby the petitioners' appeal was dismissed for want of copy of the decree sheet. Mr. Ahmed Waheed Khan, Advocate for the petitioners relied upon Mst. Karimat v. Majnoon and 2 others (1980 C L C 66) in support of his contention that the copy of the decree sheet having not been prepared by the trial Court, there was no occasion for the Appellate Court to have dismissed the appeal. According to him, it should have been kept pending till the trial Court could have prepared the original decree sheet and issued a copy thereof. His contention was that since the appeal lay from a decree and that there being no…