O XLI, R 1 Dredge sheet not prepared by trial court effect suit for possession and distribution of appeal from original order, despite the fact that the appeal of the plaintiff by the trial court was allowed. The memorandum of appeal filed by the plaintiff was not accompanied by the trial court's dredge sheet because the defendant's case was not prepared by the plaintiff, stating that because of this deficiency, the appeal could not be retained. On the evidence, it appears that the trial court failed to produce a formal order in accordance with its decision and stated that the Appellate Court of OXLI, R 1, CPC This deficiency was seen by necessity, along with the appeal of the memorandum, that a copy of the decree was also required and it was necessary for the trial court to prepare it. Appropriate and Complete Rule According to the principle that a party cannot be punished for acts or omissions of the court, the appellate court must make the trial court prepare a valid dredge sheet. And requested the appellant / defendant to present his certified copy to the court, to ensure compliance with the Court of Appeal of the OXLI, R1, CPC, so as not to prepare the order Was ineligible. The sheet and the appellate court thus erred while the respondent's High Court hearing rejected the appellate court's order that the defendant's appeal be considered pending before the appellate court and instructed the trial court Develop a proper order that will allow review. , According to this
Related judgments — Lahore High Court Lahore, 2013
