SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal from an order of remand dated 18-11-1986 of the Lahore High Court. It arises in the following circumstances.
2. The respondent filed a suit for pre-emption. It was dismissed by trial Court on 23-10-1985. On 16- 11-1985 the respondent preferred an appeal before the learned Additional District Judge. The memorandum of appeal was not accompanied by a copy of the decree. On 23-1-1986 he moved an application that he should be permitted to file a copy of the decree. This application was again not accompanied by the said copy. In the circumstances, the learned Additional District Judge dismissed the appeal on the ground that it was incompetent. The respondent invoked the revisional jurisdiction of the High Court to challenge the dismissal of his appeal. A learned Single Judge in the High Court set aside the order of dismissal and remanded the case to the Additional District Judge for disposal on merits with the observations that when the order of dismissal was made, the whole record of the suit was before the Court and as such it did not need a copy of the decree.
2-A. The contention raised on behalf of the petitioner is that under rule 1 of Order XLI of the Code of Civil Procedure it was required of I the respondent to attach a copy of the decree appealed from with his memorandum of appeal. This requirement of law could not be dispenses: with. Thus, unless a copy of the decree was filed there was no proper appeal which the learned Additional District Judge could decide. The learned Single Judge was, therefore, not right in setting aside the order of dismissal.
3. The contention raised on behalf of the petitioner needs consideration. The petitioner is granted leave to appeal. The appeal may be made ready for hearing on the present record at an early date as the impugned order is one of remand. Security for costs in the amount of Rs.2000 should be deposited. In the meanwhile the learned Additional District Judge should not finally dispose of the appeal.