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2006 YLR 1858

SARDAR MUHAMMAD vs MUHAMMAD RAMZAN and 7 otherss

Citation2006 YLR 1858
CourtLahore High Court
Case No.Civil Revisions Nos.687 and 688 of 1998
Date2006-02-20
Judge(s)M. A. Shahid Siddiqui
ResultPetition allowed

' M.A. SHAHID SIDDIQUI, J.--This consolidated judgment shall dispose of Civil Revisions Nos.687 and 688 of 1998, both filed by Sardar Muhammad, petitioner/plaintiff, against Muhammad Ramzan etc., respondents/defendants.

2. Brief facts necessary for the disposal of both these civil revisions are that Sardar Muhammad, petitioner, filed two Civil Suits bearing No,86/1 and 87/1 in the year 1988 seeking declaration of the title in the property left behind by Fatta, deceased. He claimed to be son of Mst. Bhagan, daughter of Fatta. Sardar Muhammad Rana, Civil Judge Ist Class, Kasur dismissed both the suits on 17-7-1993 vide two separate judgments on the basis of finding on issue No,12. The petitioner filed two separate appeals before learned District Judge, Kasur, which came up for hearing before the learned Additional District Judge on 21-4-1997. Both the appeals were dismissed on the sole ground that the appellant had failed to append the copies of decree sheet, along with the copies of judgments.

3. The learned counsel for petitioner has contended that in both the appeals filed before the learned District Judge the copies of the decree sheet along with the impugned judgments were filed but due to inadvertence the decree sheet relating to the judgment of one case had been annexed along with the judgment of the other case and vice versa.

4. The learned counsel for respondents has opposed both these civil revisions.

5. Arguments heard. Record perused. The record of the Appellate Court shows that the petitioner/appellant had assailed the judgment and decree in the appeals before the learned Additional Sessions Judge and that the copies of two decree sheets were appended with the judgments of trial Court though in wrong order. It seems that the petitioner had not documented both the appeals with due diligence. However, it happened due to inadvertence and it was not more than irregularity, which was curable. The learned Appellate Court should have allowed the petitioner to rectify this mistake. Dismissal of the appeals on this sole ground being hypertechnical was improper and unjust. I, therefore, accept both these petitions and set aside both the two impugned judgments. The cases are remanded back to learned District Judge, Kasur for decision on merit. The District Judge may entrust these matters to an Additional District Judge for expeditious disposal.

Cited by 1 case

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