Law:

Section:

Civil Procedure Code (V of 1908)-------0. XLI, R. 1---Non-filing of decree-sheet alongwith memo. of appeal filed against of Trial Court---Maintainability of appeal---Appeal remained pending before Appellate Court from 27-5-1991 to 20-12-1995 and despite expiry of more than four years, copy of decree-sheet was not filed by petitioners although they had undertaken to file the same as soon as it was prepared--­Neither petitioners applied for supply of copy of decree nor they moved Appellate Court for direction to Trial Court for preparation of decree---Appeal was dismissed as not maintainable---Validity---Provision of O.XLI, R.1, C.P.C. regarding filing of decree-sheet alongwith memorandum of appeal being mandatory in nature, dismissal of appeal for non-filing of decree-sheet could not be said to be illegal---Appellate Court was left with no alternative but to dismiss appeal being incompetent---Judgment and decree of Appellate Court was maintained in circumstances. Haji Jehanzeb v. Khalid Khan PLD 1983 Pesh. 215;.Baseer Ahmad Siddiqui v. Shama Aforze 1988 SCMR 892 and Abdul Majeed and .6 others v. Mst. Haleema and 18 others 1987 CLC 2331 ref. JUDGMENT In this revision petition judgment and decree dated 20-12-1965 passed by learned Additional District Judge. Jhang has. been challenged whereby the final decree for possession through partition passed by the learned Civil Judge, Jhang dated 10-4; 1991 was maintained while dismissing the appeal. 2. Brief facts of the case are that a suit for partition of the house detailed in para. No. l of the plaint situated in Mauza Civil Station Jhang Sadar was field by Sultan on 4-5-1985 against Allah Ditta and Noor Muhammad defendants. During the pendency of the suit, the plaintiff having come to know through written statement filed by first two defendants arrayed Ghulam Muhammad , as defendant No.3 vide amended plaint dated 11-4-1985. Later on Ghulain Muhammad died and consequently his legal representatives were impleaded as defendants Nos.3 to 9 by way of another amended plaint dated 25-2-1989. The plaintiff claiming himself as co-sharer to the extent of 1/6 + 5/12th share filed the suit for partition. He was recorded as owner…

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