Syed ZAFFAR-UL-HASSAN GILLANI vs NABI SHAH INQELABI — 2026 PLD 5 SUPREME-COURT-AZAD-KASHMIR

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Syed ZAFFAR-UL-HASSAN GILLANI VS NABI SHAH INQELABI. O. XIII, R. 3(1-a)---appeal before the Supreme Court, filing of---Matter emanating from two suits having been filed before the Court of original jurisdiction---Lists of legal representatives of the plaintiffs and defendants of both the suits, not annexed---appeal---Maintainability---admittedly, two suits were filed before the Trial Court, however, while fling the Petition for Leave to appear (PLa)/appeal the appellant had annexed the verification regarding non-filing of the list of the plaintiffs in one suit filed by the (present) appellant and failed to annex the list of legal representatives of the defendants in the said suit---Similarly, neither the list of legal representatives of the plaintiffs as well as defendants in second/other suit was filed by the (present) respondent, nor the verification in that regard had been annexed with the memo of PLa/appeal---Under Sub-rule (1-a) of R. 3 of O. XIII of the azad Jammu and Kashmir Supreme Court Rules, 1978, filing of lists of the legal heirs of the plaintiffs and the defendants filed before the Trial Court was mandatory and had to be annexed with the memo of PLa/appeal and failure to comply with it entailed dismissal of the PLa/ appeal on this sole ground---It was enjoined upon the (present) appellant to annex the lists of legal representatives of the plaintiffs and the defendants of both the suits and if the same were not filed in the Trial Court, then the certification of the Trial Court in said regard should necessarily be brought on the record, which had also not been done---Present appeal had been filed in violation of the statutory provision, hence, the same being filed incompetently, was liable to be dismissed on the sole ground---Thus, the (present) appeal had been filed incompetently, therefore, there was no need to dilate upon the merits and demerits of the case as the same would be a futile exercise---appeal was dismissed.

Syed ZAFFAR-UL-HASSAN GILLANI vs NABI SHAH INQELABI — 2026 PLD 5 SUPREME-COURT-AZAD-KASHMIR

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