O XLI, R 1 The appeal for a formal defect in the appeal memorandum was dismissed by the trial court on appeal, on this basis the appeal filed by the plaintiff / appellant was dismissed on this basis. That the mandatory order on the preliminary appeal sheet was a trial case. The appellant's request for amendment to the writ and preliminary sheet was dismissed, rather than a suit for possession on some grounds of appeal for a pretrial injunction Appellant's position was that the appeal was filed for possession. And only the inadvertent lawsuit had the mandate written on the litigation for regular defects. There is no doubt that the suit in the suit for possession was attached to the certified copy of the appeal and the appeal was filed before the right forum in respect of the jurisdiction of the suit for possession. Was neglected and even the amendments sought by the appellant were for removals. Regular objections and even without such amendments should be made on appeal when the names of the parties are correct, Certified copies of the correct verdict and decree were attached to the appeal and the purpose of the court fee and jurisdiction was also valued. As mentioned earlier in the preliminary sheet, then the appellate court was bound by law to decide the appeal on merit. The High Court directed the appellate court to set aside the unidentified order, which allowed the appeal to be decided on the merits, accordingly.
Related judgments — Lahore High Court Lahore, 2013
