Dr. SARA JAFFER vs ZARAK KHAN O — 2023 CLC 77 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 77 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: Dr. SARA JAFFER vs ZARAK KHAN O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. SARA JAFFER VS ZARAK KHAN O.XLIII, R.3---Notice before presentation of appeal---Scope---Sub-rule (1) of R.3 of O.XLIII, C.P.C., requires that the party preferring an appeal against any of the order prescribed by O.XLIII, R.1, C.P.C., made during pendency of the suit must give notice of such appeal to the respondent or his advocate before presenting the appeal by delivering a copy of memorandum of appeal along with a copy of order appealed against in order to satisfy the Appellate Court that R.3 of O.XLIII, C.P.C., has been complied with---Appellant should obtain acknowledgment receipt to the effect that copy of the appeal has, indeed, been received by the respondent or his advocate---Purpose of O.XLIII, R.3, C.P.C., is to avoid the delay that is occasioned in issuance of notice to the respondent and having service effected on the respondent in a case where the main suit is still pending adjudication and only the correctness of some interlocutory order is under question---Provisions of O.XLIII, R.3, C.P.C., are mandatory---Appeal preferred without compliance of this mandatory provision would not be maintainable and liable to rejection---In such case, the appellant may file appeal afresh, subject to limitation, after complying with the mandatory provision and fresh appeal is not barred.

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