ANWAR HUSSAIN Vs. S L FRANKLIN

JUDGEMENT

(1.) This is an application in revision against an order of remand dated the 22nd of December, 1952, made by the Civil Judge of Farrukhabad.

(2.) The matter came up before a learned single Judge of this Court and in view of certain important questions of law which arose in the case he has referred it to a Bench for decision.

(3.) The facts may be briefly stated. A suit was filed for an injunction and for recovery of Rs. 500/as damages. The trial Court gave the plaintiff a decree for injunction and for damages to the extent of Rs. 200/- only. One of the defendants preferred an appeal. The plaintiffs filed a cross-objection in respect of that part of the damages which had been disallowed by the trial Court. The lower appellate Court went into the questions that were raised by the parties and came to the conclusion that the trial of the case by the Munsif had been unsatisfactorily conducted and that there had been no clarification of pleadings of the parties; nor had proper issues in the case been struck. The lower appellate court therefore remanded the case, acting apparently under its inherent jurisdiction and not under any specific provision of the Code of Civil Procedure. The operative portion of the order of the Court below is in these words :