SUDAN MUNDA Vs. FAGUA MUNDA

JUDGEMENT

(1.) THE office has pointed out that certified copy of Trial Court judgment has not been filed with the memo of appeal.

(2.) MR . Pandey Neeraj Rai, learned counsel appearing for the appellant produced before me a certified copy of order dated 24.8.2008 passed by lower appellate Court in T.A. No. 13 .of 2006. Learned counsel submitted that an application was made before lower appellate Court for return of the certified copy of the trial Court judgment but the application was rejected expressing the view that it should not be returned to the appellant as the trial Court judgment is a part of the record. The order dated 28.4.2008 reads as under:

(3.) FROM note 2 of Rule 230 it is evidently clear that after the disposal of appeal the certified copies of judgment and decree filed alongwlth the memorandum .of appeal should be returned to the appellant if they apply for it. After the disposal of the First Appeal by the District Judge, the losing party is entitled to get back the certified copy of the trial Court judgment to enable him/them to pre -. fer Second Appeal, if they so desire.