OM PARKASH GUPTA Vs. SURESH BAKSHI

JUDGEMENT

(1.) This is a second appeal filed by the appellant against the judgment and decree dated 30-10-1996 passed in 1st Civil Appeal No. 21/93 by the learned 1st Addl. District Judge, Jammu against the judgment and decree dated 13-9-1993 of Munsiff, Sub-Registrar, Jammu. The appeal is not accompanying with acertified copy of the judgment and decree of the Sub-Registrar, Munsiff, Jammu.

(2.) On January 28, 1997, the learned counsel for respondent No. 1 raised the objection that in view of the non-compliance of the mandates of O. 42, R. 1, C.P.C. the appeal is not maintainable. The adjournment were sought by the opposite side to rebut this objection and finally on 25-6-1997 the arguments were concluded.

(3.) Learned counsel for respondent No. 1 in support of his arguments has cited the provisions of O. 42, R. 1, C.P.C., which states that