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1922 Supreme(Lah) 112
Lahore High Court
Harrison, J.
Sher Muhammad - Appellant
Versus
Muhammad Khan & Anr. - Respondent
Decided On : 26-06-1922
JUDGMENT
Harrison, J. - This case was decided by the Munsif in favour of defendants and the suit was dismissed; but no decree was prepared. An appeal was presented from the judgment to the District Judge and was accepted by him and the plaintiff was given a decree. The defendant now appeals urging in the first place that there was no-decree in the First Court, and therefore, no-appeal before the District Judge. Counsel for the respondent contends that the District Judge was fully competent to try the case himself and that his hearing of what he believed to be an appeal and his decision thereon should be taken as tantamount to the judgment and decree of atrial Court and that the present appeal now before me should be treated as a first appeal. This is, I think, an impossible way of treating the case, for the District-Judge was certainly under the impression that he was hearing an appeal and his decree is the decree of an appellate Court drawn uo in that form. As laid down in Mangal Singh v. Hirda Ram (1919) 19 P.R. 1919 and Manohar Lal v. Nanak Chand (1919) 66 P.R. 1919 the proper course for the lower appellate Court : was to give an adjournment to enable the; appellant to get a deeree sheet prepared.
2. I, therefore, accepted tois appeal so far as bo return the record to the trial Court and direct that a decree ha prepared in accordance with the judgment. It will then be lor the plaintiff to prefer an appeal with a copy of the decree to the District Judge, and the judgment and the decree already passed by him must be treated as a nullity.
