Law:

Section:

(a) Civil Procedure Code (V of 1968)-._O. XLIII, r J and S. 117-Code of Civil Procedure (Amendment) Ordinance (X of 1980), S. IS-Appeal under S. is of Ordinance, 1980---Order XLIII, r. 3, C. P. C., held, applicable to such appeal -, proceedings of civil nature before High Court are governed by C. P. C., other than provisions which are specially excepted. Mumtaz Khan v. Chief Settlement and Rehabilitation Commissioner and another P L D 1966 S C 276 and Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others P L D 1970 S C 1 ref. (b) Civil Procedure Code (V of 1908)- High Court Sind having made no rule governing question of manner in which appeals -shall be heard by Bench of two or more Judges from interlocutory order passed by Single Judge of that Court in exercise of its original jurisdiction-Provisions of Civil Procedure Code. 1908, held. apply to such proceedings-Civil Procedure Code (V of_1908), O. XLIII, r. 3-Code of Civil Procedure (Amendment Ordinance (X of 1980). S. 15. (c) Civil Procedure Code (V of 1908)- -- O. XLIII, r. 3-Appeal against any order made during pendency of suit-Notice of such appeal to respondent mandatory Appellant required to submit, alongwith other documents required for filing appeal, affidavit that he has given notice of such appeal to respondent or his Advocate by delivering him copy of memorandum and grounds of appeal alongwith copy of order appealed against and shall also attach with said affidavit copy of acknowledgment obtained from respondent or his Advocate-Appeal not accompanied by such affidavit and copy of acknowledgment receipt, not entertainable. Sub-rule (1) of rule 3 of Order XLIII, C. P. C. requires that the party preferring,an appeal against any order made during the pendency of the suit must. give notice of such appeal to the respondent or his Advocate before presenting the appeal .hy delivering a copy of the memorandum and grounds of appeal alongwith a copy- of the order appealed against. In order to satisfy the appellate Court that this has been done, he should obtain an acknowledgement receipt to the effect that a copy of the ground of appeal alongwith the other documents has, indeed, been received by…

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