BASHEER AND ORS. Vs. PREMDAS

JUDGEMENT

(1.) While hearing appeals in civil cases, we have noticed that the records sent from the lower Courts are not arranged in a proper manner. After the plaint, sometimes the vakalat or an Interlocutory Application is seen placed. Documents marked in the case are also not seen placed one after the other. After Ext. A1, you may find PW 1 and the other Exhibits will be found somewhere else. The depositions of witnesses are also seen placed in the same way. On searching the records, one would find that what is important is the Index and page numbers. One would get the impression that whichever paper comes to the hands of the record clerk is numbered and indexed, unmindful of the nature of the same. When the appeal is taken up for hearing, the Court Officer has to look into the index, search the records, take out the relevant document and give it to the Judges. This is a laborious work and it consumes lot of time. We are of the view that the lower Court records should be arranged in the following manner: