| Case ID |
1e50cf3d-5c68-445e-9c0a-eb2c533167fc |
| Body |
View case body. Login to View |
| Case Number |
D-2741 of 2016 |
| Decision Date |
Dec 13, 2016 |
| Hearing Date |
Mar 29, 2011 |
| Decision |
The appeal was dismissed due to improper institution, as the required judgment of the trial court was not appended with the memo of appeal. The court emphasized that every appeal must comply with procedural requirements, including filing a decree against which the appeal is made. The appeal was deemed non-compliant with Order XLI, Rule 1 of the Civil Procedure Code, and therefore was dismissed without consideration of its merits. |
| Summary |
In the case of AZEEM AKHTER AND 27 others vs. GHULAM MUSTAFA MUGHAL, the High Court of AJ&K dealt with an appeal regarding a remand order issued by the Additional District Judge, Muzaffarabad. The core issue was the failure to attach the trial court's judgment with the appeal, which is a procedural requirement under the Civil Procedure Code. The court reiterated that the right to appeal is a statutory creation, and thus, an appeal must be properly instituted to be considered valid. The judgment highlighted the importance of legal compliance in filing appeals, referencing previous case law to substantiate its stance. The ruling serves as a reminder of the strict adherence to procedural formalities in civil litigation, ensuring that all necessary documents accompany an appeal to maintain judicial efficiency and integrity. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Ghulam Mustafa Mughal, Chief Justice,
Niamatullah
|
| Lawyers |
Sardar Pervaiz Akhtar,
Mrs. Bilquees Rasheed Minhas
|
| Petitioners |
AZEEM AKHTER,
27 others
|
| Respondents |
Not available
|
| Citations |
2016 SLD 3594,
2016 CLC 1845
|
| Other Citations |
Mst. Safia Begum v. Taj Din and others 1990 CLC (Lah.) 1503,
Ali Haider Shah v. Ghulam Muhammad 1981 CLC (SC AJK) 359,
Azad Govt. and 5 others v. Syed Sajjad Ali Gillani and another 2001 CLC 1105,
Muhammad Shafi v. Mst Jameela Bibi and 09 others 1980 CLC (SC AJ&K) 1130,
Muhammad Amin Shah v. Mehtab and another PLD 1996 SC (AJ&K) 11,
Mst. Sandal Begum v. Bassam Muhammad PLD 1991 (AJ&K) 14
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
O. XLI, R. 1,
O. XLIII, R. 1,
Ss. 96,
Ss. 100,
Ss. 104
|