DIG VIJAY SINGH Vs. MAHAVIR GUPTA

JUDGEMENT

(1.) Feeling aggrieved by an order of ejectment passed by the Additional Munsiff, Samba vide his judgment dated 10-6-2004, the appellant filed an appeal before the Additional District Judge, Jammu on 21-7-2004. A preliminary objection was taken by the respondent that the appeal is not competent, as it is not accompanied by a copy of the decree sheet. First appellate Court after hearing the parties, dismissed the appeal vide its judgment dated 30-10-2007 holding thereby that the present appeal was not competent, as it was not accompanied by a decree sheet. It is under these circumstances, that the present appeal has been filed.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) The appellant preferred an appeal against the order dated 10-6-2004 without accompanying a decree sheet as required under Order 41 Rule 1 CPC, the same is quoted hereinbeldw :