MT. HAFIJAN Vs. MT. IMAMAN

JUDGEMENT

(1.) THIS is a judgment -debtor's application for revising the decree passed by the District Judge, Bhind, on 14 -10 -1944.

(2.) THE material facts leading to the decree in second appeal of the District Judge mentioned above are that the judgment -debtor's objection that the execution was barred by limitation was overruled by Judicial Officer Pargana, Lahore. The petitioner then went in first appeal before the Sub -Judge and his appeal was dismissed. The petitioner then came in second appeal before the District Judge but did not produce a copy of the decree along with the memorandum of appeal. He, of course, produced a copy of the judgment. When under orders of the Court he produced a copy of the decree the appeal had become time -barred, and therefore, on this ground, the appeal was dismissed.

(3.) IN , Bodh Narain Mehto v. Mahabir Prasad, : A.I.R. 1940 Pat 176: (20 P.L.T. 801) the view taken by Agarwala J. was that in an appeal from an order under S. 47 the appellant was bound to file a copy of the order specially where a copy of the judgment is already on the record. This ruling is very brief and the question does not seem to have been considered in detail with reference to specific provisions contained in the Code.