Copy of Judgment appealed from

Appeal was filed on 24.11.1998 against the judgment and decree of District Judge — A note was written by the Reader that attested copy of the Court of first instance and copy of decree are attached with memo, of appeal, the appeal is within limitation and it was complete in every respect — On the same day the Deputy Registrar issued process to respondents — On the day the appeal was admitted for regular hearing the period for limitation was still subsisting and had the office pointed out the defect to appellants that appeal was not accompanied by the judgment appealed from, the appellant would have provided the same but office did not raise any objection — It shall be deemed that the copy of the judgment appealed from was dispensed with by High Court while admitting the appeal for regular hearing. Ibarat H. v. Mir Afzal Khan & 12 others 2001 SCR 495 (B)
A discretion to dispense with the copy of the judgment of trial Court or the judgment appealed from in an appropriate case and condone the delay. Ibarat Hussain and another v. Mir Afzal Khan & 12 others 2001 SCR 495 (C)
Appeal was admitted for regular hearing despite the fact that there was note of Reader that copy of judgment of trial Court and decree are attached — Deputy Registrar could have pointed out the defect to the appellant for filing the attested copy of the judgment appealed from but he impliedly dispensed with the same and issued process — The period for filing the appeal was still subsisting — The appeal of appellants could not have been dismissed simply for non-filing of attested copy of judgment appealed from particularly so when the same was impliedly dispensed with. Ibarat Hussain and another v. Mir Afzal Khan & 12 others 2001 SCR 495 (D)