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Tajdin P. Mamdani v. The New Great Insurance Company of India, Ltd., Civ. App. 18-D-66; 15/6/67; Duff, J.
This action involved claims under a marine insurance policy . The appeal was properly filed together with a copy of the decree of the court of first instance, against which this appeal was brought. Respondent cross-appealed but did not file a copy of the decree.
Held: Order 39, rule 1, of the Civil Procedure Code, 1966, provides that a memorandum of appeal “shall be accompanied by a copy of the decree appealed from ….” The rule is imperative, and the cross-appeal must be dismissed, even though the Court had before it the copy of the decree filed with the appeal.
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