RASHEED AHMAD vs PROVINCE OF PUNJAB through District Collector, Vehari
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had allowed a civil revision and directed the First Appellate Court to decide an appeal on its merits. The underlying dispute involved a declaratory suit dismissed by the trial court, followed by an appeal that was initially dismissed by the Additional District Judge on the technical ground that certified copies of the trial court's judgment and decree were not appended to the memo of appeal at the time of filing. The Supreme Court examined whether the High Court correctly exercised its discretion in setting aside the dismissal of the appeal. The Supreme Court upheld the High Court's decision, noting that the certified copies were eventually filed and the office had not flagged the deficiency. The Court affirmed the principle that cases should be decided on their merits rather than through technical knock-outs. Finding no illegality or infirmity in the High Court's judgment, the Supreme Court dismissed the petition, emphasizing that judicial discretion should be exercised to advance the cause of justice.
- Whether an appellate court can dismiss an appeal solely for the failure to attach certified copies of the trial court judgment at the time of filing?
- Is it a valid ground for dismissal of an appeal if the deficiency regarding certified copies was not pointed out by the court office?
- Does the principle of deciding cases on merits override technical procedural defaults in civil litigation?
ORDER
' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 21-2-2000 of a learned Single Judge of the Lahore High Court, Multan Bench, Multan, whereby Civil Revision No,585 of 1984 filed by respondent No,2 was allowed and the learned First Appellate Court was directed to decide the appeal on merits in accordance with law.
2. The facts briefly narrated are that a declaratory suit was filed by one Shero through respondent No,2 against the petitioner, which was dismissed with costs by the learned Senior Civil Judge, Vehari through his judgment dated 28-9-1981. The respondent filed an appeal assailing the above judgment of the trial Court, which was dismissed by the learned Additional District Judge, Vehari, through his judgment dated 24-4-1984 being incompetent as the certified copies of the impugned judgment and decree of the trial Court were appended subsequently. The respondent filed civil revision against the above judgment, which has been accepted by a learned Single Judge of the Lahore High Court through his judgment dated 21-2-2000, impugned herein, and the learned First Appellate Court was directed to decide the appeal of the respondent on merits. Hence, this petition for leave to appeal.
3. We have considered the contentions advanced by the learned counsel for the petitioner and have gone through the entire documents appended with this petition. It is admitted by the learned counsel that the certified copy of the judgment of the trial Court has been filed after obtaining the same. The plea that the same should have been filed A. Alongwith the memo. Of appeal is not apt in the facts of the present cause as the office has not pointed out this deficiency to the notice of the respondent. Even otherwise, it is an established practice of this Court that the cases should be decided on merits and technical knock-out should B sparingly be. Resorted to. In the case in hand; a discretion has been exercised by the learned Single Judge of the High Court to advance the cause of justice. Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court.
' Resultantly, for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and .
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