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Judgment
A.S. Bains, J.—Notice of motion was issued in this case. Mr. Sarin relies on a judgment of this Court reported as Iqbal Singh v. Sadhu Singh etc. (1983) 85 P. L. R. 320, wherein it was observed by brother Sharma, J. as under:
The learned lower appellate Court has dismissed the appeal filed by the Appellant on the ground that the certified copies of the judgment and decree were not filed I am somewhat allergic to this mode of disposal of appeals. Even if the Appellant was not vigilant enough to have filed the certified copies alongwith the memorandum of appeal, the learned lower appellate Court should have allowed him time on payment of costs instead of non-suiting him straightaway.
I also agree with the aforesaid view and, in my opinion, the case must be decided on merits instead of dismissing it on technical groundi.
Accordingly this petition is allowed and the appellate Court is directed to decide the appeal on merits. The parties are directed to appear before the Addl. Distt Judge, Amritsar on 12th Sept 1983. The Petitioner shall pay Rs. 700/- as costs.