KISHAN SINGH Vs. LAXMAN SINGH

JUDGEMENT

(1.) I must observe that the entire record was sent by the trial Court to the first appellate Court. This was wholly unnecessary. When an appeal is preferred from an order issuing or refusing to issue temporary injunction the trial Court should on requisition from the appellate Court send only the record pertaining to proceedings for temporary injunction, that is to say, the application, the reply and evidence produced by the parties Copies of the plaint, of the written statement and of the issues should also be sent. That is all what the appellate or revisional Court needs for the disposal of the appeal or revision. By sending the entire record to the appellate or revisional Court the trial is held up which is wholly unnecessary and unwarranted. The record relating to the trial on merits should and must be sent only when the appeal or revisional Court specifically requisitions it, but not otherwise.