' The appeal was filed under section 15 (4) on 25-2-1980, and on the same date the office raised an objection that "certified copy of the order of the learned Rent Controller to be filed". This case came up before this Court on 26-11-1980 for non-prosecution as to non-compliance with the above objection since 25-2-1980. The learned Judge on 26th November, 1980 passed the following order :- "Mr. Farkhand Ali, Advocate.
' At the request of the counsel three days time is allowed for compliance of the objection."
' Today the case has come up for Katcha Peshi and orders on the various applications but the order of this Court passed on 26th November, 1980, has not yet complied with. Mr. Maqbool Ahmed Khan has appeared for the respondent and he has drawn my attention to the case reported in 1980 CLC 895 (Civil) 138 where relying upon Order XLI, rule 2, C. P. C. It was held that filing of certified copy of the First Court (Rent Controller) having not been dispensed with it was mandatory that the appellant ought to have placed such a copy on record within the period of limitation. It was further held that if the provisions of rule 2 of Order XLI, C. P. C. Are not complied with, the appeal cannot be treated to be properly instituted and that in any case after the expiry of period of limitation such appeal is liable to be dismissed as barred by time. Mr. Maqbool Ahmed Khan has also invited my attention to the case reported in PLD 1977 Lab. 1214 to the same effect.
2. There is great force in the submissions made by Mr. Maqbool Ahme Khan and I respectfully agree with the observations made in the above cite cases. The appellant has not cared to supply the certified copy of the order of Rent Controller and to. Lace it on record, since 25-7-1980. Even the order of this Court passed on 26-11-1980 (whereby he was granted at his own request three days time) has not been complied. The appeal is, therefore, dismissed as barred by time and for non- prosecution.