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2021 Supreme(J&K) 273

Maqbool Buhroo – Appellant
Versus
Ahad Buhroo – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr M. A. Qayoom, Advocate with Mr Mian Muzaffar, Advocate.
For the Respondent:Mr G. A. Lone, Advocate.

JUDGMENT :

1. The instant application is filed on behalf of the Applicants/Appellants seeking permission of this Court to place on record the copy of Decree along with the main Civil 2nd Appeal bearing No. 08/2013, preferred against the Judgment and Decree dated 3rd of April, 2013 passed by the Court of learned Principal District Judge, Kulgam. It is stated that the Applicants/Appellants annexed copy of the Judgment and Decree dated 29th of December, 2008 passed by the Court of learned Sub Judge, Kulgam, as also a copy of Judgment dated 3rd of April, 2013 passed by the Court of learned Principal District Judge, Kulgam, along with the Appeal. It is further stated in the application that as per the amended provisions of Order XLII Rule 1 of the Code of Civil Procedure (CPC), every appeal has to be preferred in the form of memorandum signed by the appellant or his pleader; is to be presented to the Court or such Officer, as it appoints in this behalf; and the memorandum has to be accompanied by a copy of Judgment alone. It is averred that under Order XLII Rule 1 of the Code, it is provided that if an appeal is not drawn up in the prescribed manner, it may be rejected or returned to the

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