Law: Civil Procedure Code (V of 1908)

Section: 2,96(1),17

Law: Court Fees Act (VII of 1870)

Section: 7

Civil Procedure Code (V of 1908), O. XLII, r. 2 read with O. XLI, r. 1-Appeal-Memorandum of appeal must accompany copy of judgment appealed from-No specific order of appellate Court dispensing with such production appearing from record--Appeal, unaccompanied by copy of judgment, in circumstances, held not competent.   Civil Procedure Code (V of 1908), S. 96 (1)-Appeal Jurisdiction-Value of suit for purposes of jurisdiction exceeding Rs. 2,500-Azad J. & K. High Court Rules enjoining presentation of appeal in such cases to High Court-District Judge, nevertheless, entertaining memo. of appeal: and finally deciding same-Decision of District Judge, held' a nullity.   Civil Procedure Code (V of 1908) O. VI, r. 17-Amendment of plaint-Valuation of suit for purposes of jurisdiction not fixed in plaint but subsequently fixed with permission of Court-Such amendment, being authorised, cannot be ignored.   Court' Fees Act (VII of 1870), S. 7 (xii) read with Sch. II, Art. 17 - Declaratory suit - Plaintiff alleging that the order terminating his services, being against law and Police rules, was void and inoperative and he continues to hold his post-Suit, held, one for declaration only, without any prayer for consequential relief-Plaintiff entitled to fix any value for purposes of jurisdiction.   Commissioner of Income-tax v. Nanhelal A I R 1928 Nag. 241; Kamla Prasad and another v. Jagarnath Prasad A I R 1931 Pat. 78; Kalu Ram v. Babu Lal and others A I R 1932 All. 485; Bidhu Bhusan Bakshi v. Kala Chand Roy A I R 1927 Cal. 775; Province of East Pakistan v. K. A. Mansur P L D 1963 Dacca 21.1; Province of East Pakistan v. Golam Sarwar P L D 1962 Dacca 557; Habib Khan v. Federation of Pakistan P L D 1954 Sind 199; High Commissioner for India and High Commissioner for Pakistan v. I. M. Lall P L D 1948 P C 150; Sardar Muhammad v. Pakistan P L D 1961 Kar. 232; Abdul Hanif v. Abdul Haque P L D 1961 Dacca 191 and Muhammad Wafati v. Federation of Pakistan P L D 1956 Kar. 464 ref.   ORDER   MUHAMMAD SHARIF, A. C. J.-This is a second appeal against the appellate judgment and decree of the District Judge, Muzaffarabad, dated 20-10-64 by which the…