Law:

Section:

Keywords: Impugned Order, Practice And Procedure, Nullity, Remand, Costs, Order, Practice, Government, Copy, Trial Court, Consideration, Land, Parties, Injunction, Profits, Set Aside, Procedure Result: Case remanded JUDGMENT This revision application under section 115, C. P. C. Is directed against the judgment, dated 10-8-1976, passed by the learned District Judge, Hyderabad, in Civil Appeal No. 201,/76, dismissing the appeal filed by the applicant on the ground that it was barred by Limitation. 2. The applicant and 6 other plaintiffs had filed a suit, being Suit No. 16/1971, in the Court of the learned Civil Judge, Tando Allahyar, for declaration that they are owners of certain Agricultural land situated in Deh Kamaro, taluka Tando Allahyar, and also for injunction and mesne profits of suit land. The learned Civil Judge, by his judgment, dated 30th October 1975, dismissed the suit. Without waiting for preparation of the decree, the applicant filed an appeal to the learned District Judge, Hyderabad, who dismissed the appeal on the ground of Limitation, as already stated, by his judgment dated 10th August 1976. Subsequent to the dismissal of the appeal, on 20-8-1976, the learned trial Court prepared the decree in the suit. 3. Mr. Imam Ali Memon, the learned counsel for the applicant, has submitted that the learned appellate Court was not competent to dismiss the appeal on the ground of limitation, when the decree had not been framed. In support of his contention, he has relied upon the decisions in Sher Muhammad v. Muhammad Khan (A I R 1924 Lah. 352), and Government of Pakistan v. Niaz Muhammad (P L D 1967 S C 271). In the Lahore case, the facts were that on the plaintiff's suit being dismissed by the trial Court, the plaintiff appealed to the District Court, though no decree had been prepared. The District Judge accepted the appeal and granted the plaintiff a decree. It was held that the appropriate course for the District Judge was to grant an adjournment to enable the plaintiff to get a decree prepared and; therefore, the decree granted by him was a nullity. In…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492