The 2nd Respondent in this appeal raised a preliminary objection that the appeal is incompetent for the reason that the accompanied decree is defective for non-compliance with Order XX rule 7 of the Civil Procedure Code [Cap 33 R.E. 2002]. The preliminary objection was argued by way of written submissions. The 2nd Respondent was ordered to file his submissions in support of the objection on or before 11th November 2010. The Appellant was required to file his replies on or before 25th November 2010 and rejoinder, if any, was to be filed by the 2nd Respondent on or before 02nd December 2010. The 2nd Respondent, who was represented, filed his submission timely on 11th November 2010. On the other hand, the Appellant failed to file replies within the time fixed by the Court and instead filed his submissions on 03rd December 2010.