Law:

Section:

(a) Civil procedure Code (V of 1908)-------O. XLI, R.1---Memorandum of appeal---Necessary documents to be appended with---Power of Appellate Court to dispense with copy of the decree appealed from---Scope---Appellant under O.XLI, R.1, C.P.C. is required to append with memorandum of appeal two documents, viz. the copy of decree appealed from and copy of on which the decree is founded---Appellate Court has power to dispense with the copy of but has no power to dispense with the copy of decree---Appeal cannot be considered to be properly and legally constituted unless the memorandum of appeal is accompanied with copy of decree appealed from. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.I---Appeal---Non-filing of certified copy of decree-sheet alongwith the appeal is not a bona fide mistake. Muhammad Latif Butt v. Muhammad Usman 1991 YLR 704; 1990 MLD 2094 and 1997 MLD 1795 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R.1---Limitation Act (IX of 1908), S.5---Appeal---Failure to file copy of decree-sheet in time ---Condonation of delay ---Validity--­Mere filing of appeal before the Court and prosecution thereof could not be said to be an act of due diligence and in good faith---Non-filing of certified copies of decree alongwith memorandum of appeal---Appeal filed without complying with mandatory requirements could not be said to be a properly instituted appeal---Lower Appellate Court had rightly dismissed the appeal on the ground that copies of and. decree were not appended with the memorandum of appeal. 1992 CLC 1204; PLD 1983 Pesh. 215 and 1985 CLC 1711 distinguished. 1997 MLD 1795 and Akbar Khan v. Muhammad Razaq alias Abdul Razaq PLD 1979 SC 380 ref. (d) Words and phrases--- --Due diligence---Connotation---Due diligence is performance of act with care and caution expected of a reasonable and prudent man in particular circumstances. (e) Civil Procedure Code (V of 1908)--- ----Ss. 100 & 115---Second appeal, conversion into civil revision--­Principles---Revision was only competent where no right of appeal was available---Where appellant had availed the remedy of filing of appeal, second appeal could not be treated as civil revision.…

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