Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. XLI, R.1---Form of appeal---Appeal before High Court ---Non­filing of attested copy of of Appellate Court below---Appeal was dismissed by High Court on ground that attested copy of of Appellate Court below was not filed by appellant alongwith memorandum of appeal---Validity---Requirement of law was that memorandum of appeal before High Court was to be accompanied by a certified copy of and decree appealed from and the certified copy of of Trial Court---Appellant though did not file certified copy of appealed from, but had filed attested copies of decree of Appellate Court below and of of Trial Court---Reader of High Court on the day of filing appeal, wrote note that appeal was within limitation and it was complete in every respect and on the same day Deputy Registrar issued process to respondent and called for record---On the day appeal was admitted for regular hearing period for limitation was still subsisting and had the office pointed out the defect to appellants that appeal was not accompanied by appealed from, appellants would have provided the same---Appeal having been admitted without any objection, it would be deemed that copy of appealed from was dispensed with by High Court while admitting appeal for regular hearing---High Court, in circumstances, was not justified to dismiss appeal---Judgment and decree of High Court were set aside. Muhammad Amin Shah v. Mehtab Din and another 1995 SCR 390; Azad Government and others v. Syed Sajjad Ali Gillani and another 2001 SCR 134; Swar Khan and 2 others v. Noor Main and another 1985 CLC 1082; Ali Haider Shah v. Ghulam Muhammad 1981 CLC 359: Ajaib Hussain and another v. Mst. Zareen Akhter and 11 others 1999 YLR 1426; Province of Punjab and others v. Zahoorul Hassan Farooqi 1991 CLC 1288; Azad Government and others v. Syed Sajjad Ali Gilani and another 2001 CLC 1105; Muhammad Amin Shah v. Mehtab Din and another 1995 SCR 390 and Swar Khan and 2 others v. Noor Alam and another 1985 CLC 1082 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 1---Form of appeal---Discretion of High Court---Discretion was vested in Court to dispense with copy of of Trial Court or…

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