Kotak Limited v. Vallabhdas Kooverji, Civ. App. 4-D-67; -/5/67; Hamlyn J.
Appellant filed a memorandum of appeal and a copy of the ruling of the District Court, but failed to file a certified copy of the District Court’s order.
Held: (1) Rule 1 (1) of Civil Procedure Code, Order 39, provides in part, “The memorandum … shall be accompanied by a copy of the decree appealed from and (unless the Court dispenses therewith of the judgment on which it is founded.” This requirement is extended to orders and rulings, respectively by rule 2 of Civil Procedure Code, Order 40. Citing Munshiram & Co. v. Star Soda Water Factory, 16 K.L.R. 50 (2) Orders are to be distinguished from rulings or judgments, and the presentation of the ruling of the District Court did not obviate the necessity of presenting the order as well. Citing Qasim Ali Khan v. Bhagwanta Kunwar, 40 I. L. R. All 12; Bashiri Ram and others. V. The Municipal Committee Chinior, 1922 Lahore A.I.R. 191. (3) The fact that appellant had applied to the District Court for the proper documents does not excuse his failure to present the order on appeal. The Appeal was dismissed.
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