The main legal point established in the judgment is that an appeal can only be filed against a decree and must be accompanied by a certified copy of the decree sheet, as per the provisions of C.P.C. 96 and Order XLI Rule 1.

1. Principal District Judge, Baramulla, vide judgment dated 23.08.2007 held respondent entitled to receive the amount of Rs. 3.10 lacs as damages with interest at the rate of 9%. The respondent had instituted civil original suit seeking damages from appellants on multiple grounds. On the fateful day viz. 08.03.1998, respondent suffered severe electric shock near village Johama, on account of alleged negligence of the appellants. The respondent was admitted in Bones and Joints Surgery Hospital, Barzalla, Srinagar, and his right arm was amputated, consequently, respondent suffered permanent disability. The trial Court, accordingly, decreed the suit in the aforementioned amount after recording a finding that the respondent had proved the case.

2. This appeal is filed by the appellants. In the caption of appeal as also in the prayer clause, it is prayed by the appellants that judgment dated 23.08.2007 passed by the learned Principal District Judge Baramulla be set aside. The appellants did not challenge the decree.

3. Notice has not been issued in this appeal as on date for the reason that Mr. Syed Manzoor, learned counsel appearing for plaintiff-respondent has raised objections about the maintainability of the appeal.

4. Learned counsel for respondent submitted that as the appellants have not challenged the decree, thus in law appeal is not competent. Learned counsel also submitted that decree was prepared by the trial Court before 03.03.2008, as copy thereof was provided to the plaintiff-respondent which bears the date 03.03.2008. This copy is taken on record.

5. Mr. Chasoo, leanred counsel appearing for appellants submitted that an application is filed seeking permission to place on record certified copy of the decree which application has been allowed in the year 2009. Learned counsel also submitted that, in the memo of the appeal, it is specifically pleaded that at the time of filing of the appeal, decree sheet was not prepared. Learned counsel further submitted that he has also filed an application seeking amendment of the memo of the appeal to the extent of throwing challenge to the decree.

6. Heard learned counsel for parties. Considered the matter.

7. Right to file an appeal is statutory right and unless statute authorizes a party to file an appeal, the same cannot be filed. Once statute gives a right to aggrieved person to file an appeal, the appeal is to be filed on the terms and conditions provided in the statute itself. Section 96 of the C. P. C. confers right on an aggrieved person to file an appeal against the original decree. The said provision is reproduced as under:-

"96. Appeals from original decree

1. Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

2. An appeal my lie from an original decree passed ex parte.

3. No appeal shall lie from a decree passed by the Court with the consent of parties.

4. No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Court of Small Cause, when the amount or value of the subject matter of the original suit does not exceed three thousand rupees."

8. Order XLI Rule 1 of C.P.C. provides procedure for filing of appeal. The said order also provides what would be the form of the appeal and what is to accompany the memo of the appeal. The Order XLI Rule 1 is reproduced as under:

"1. Form of appeal. What to accompany memorandum

1. Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded:

[Provided that where two or more suits have been tried togeth

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