MOHD SULTAN Vs. OSWAL MILLS

JUDGEMENT

(1.) CIA No. 94/2000 was heard and reserved for judgment on 22nd April 2009. Order dated 2nd May 2009, reveals that the judgment was drafted, but on fresh look on the appeal it transpired that though decree - sheet has been placed on the appeal record but in the memorandum of appeal no Challenge was thrown to the decree. This Court, accordingly, pointed out the infirmity in the case to the ld. counsel for parties. It was for this reason that the judgment could riot be announced which has been kept in sealed cover. CMP No. 333/2009.

(2.) APPELLANTS filed an application seeking permission to add words "and decree" in the column disclosing the subject matter as also in the relief para in line No. 2, after the word, "judgment" through table amendment.

(3.) RESPONDENTS have filed objections. In the objections it has been pleaded that it is not correct to say that because of typing error the mistake "and decree" has been omitted from the memorandum of appeal. It is also pleaded that an appeal can be filed against the decree" and same having not been done, the appeal is incompetent, the application deserves dismissal.