- (1.) In view of our decision in Shah Babulal Khintji v. Jayaben Kania and Anr., AIR 1981 SC 1786 , it is absolutely clear that the appeal against the order of trial court lies to the Division Bench and therefore the Division Bench should have admitted the appeal and decided it on merits. We. therefore, remit the appeal to the High Court, who will admit the appeal and decide the same on merits. As the appeal is from an interlocutory order, we hope and trust and we further request the High Court to give top priority to this case so that suit is not held up for a long time. The appeal is allowed accordingly.;