Amarjeet Singh Serjit Singh J:

Introduction

[1] By a notice of application dated 25 March 2022 (encl 8) the respondent sought for an order that the appellants' appeal is defective and incompetent and for the appeal be struck out on the ground that the record of appeal was not served within the time stipulated and that the record of appeal which was filed in court did not contain the memorandum of appeal as required by O 55 r 4 of the Rules of 2012 (hereinafter, for brevity all rules referred to are in respect of the Rules of 2012).

[2] On 7 July 2022, I allowed the application. This judgment contains the reasons for my decision.

The Key Facts

[3] On 23 November 2021 the Sessions court after a full trial dismissed the appellants' claim and allowed the respondent's counterclaim. It suffices to say that the subject matter of the appeal concerned the rights and obligations of the parties under a tenancy agreement. The appellants were the tenants.

[4] On 6 December 2021 the appellants, within the time and in accordance with O 55 r 2, filed a notice of appeal at the Sessions court against the whole decision of the learned Sessions court Judge. On 6 January 2022 the appellants filed,