Law:

Section:

(a) Azad Jammu and Kashmir Supreme Court Rules, 1978--- ---- OXII, R.5 --- Appeal before Supreme Court --- Memorandum of appeal to be accompanied by certified copies not only of the and decree appealed against, but also of the trial and lower Appellate Courts --- Production of requisite copies being mandatory provision, its violation would entail dismissal of appeal. Government of Pakistan and another v. Tariq Hussain Farooqi P L D 1984 SC (AJ&K) 47 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- -----------S. 42(11)(d) --- Appeal against final order of High Court --- Maintainability--­ Essentials --- Trial Court's decree was affirmed by-High Court in appeal --- Appeal before Supreme Court would not lie against of affirmation even where amount or value of subject-matter was more than Rs.50,000 --- Appeal was liable to be dismissed in circumstances. JUDGMENT BASHARAT AHMAD SHAIKH, J.--This is a civil appeal under clause (d) of section 42 (11) of the Azad Jammu and Kashmir Interim Constitution Act which has been filed on the ground that the value of the subject-matter in dispute is more than Rs.50,000. The learned District Judge Muzaffarabad passed a decree to the tune of Rs.1,96,847 in favour of Sikandar Khan, respondent herein, who is a Government Contractor. Appeal filed by the Azad Government was dismissed on a technical ground with the result that the decree passed by the District Judge was affirmed. Mr. Muhammad Farid khan, the learned counsel for respondent No.1 Sikandar Khan, has raised a preliminary objection that the appeal is liable to be dismissed on the short ground that the appeal filed in this Court was not accompanied by the judgment and decree passed by the learned District Judge as is required by Order XII rule 5 of the Supreme Court Rules. He relies on two judgments of this Court Government of Pakistan and another v. Tariq Hussain Farooqi P L D 1984 S C (A J & K) 47 and Azad Government v. Sardar Ghulam Nabi (Civil Appeal No.1 of 1984). The relevant part of rule 5 mentioned above is as follows:---- "5. The petition of appeal shall be accompanied by (i) certified copies of the judgment and decree or order…

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