Copy of decree – My Blog

Copy of decree appealed from cannot be dispensed with for the simple reason that an appeal is basically preferred against a decree and not against a judgment unless of course the judgment itself amounts to a decree. Azad Govt. and others v. Sajjad Ali Gillani & another 2001 SCR 134 (B)
The Deputy Registrar of the High Court pointed out that the attested copy of the judgment of the trial Court has not been filed — The learned Chief Justice despite note of Deputy Registrar admitted the appeal for regular hearing — Therefore, despite the fact that no prayer was made by the appellants in the memorandum of appeal or during course of arguments that copy of judgment of the trial Court be dispensed with, it shall be deemed to have been dispensed with. Azad Govt. and 5 others v. Sajjad Ali Gillani & another 2001 SCR 134 (C)