- (1.) The grievance of the appellants is that the trial court has fallen prey to the modern fashion of servility in merely repeating the appellate court s order without applying its mind to the matters in issue.
(2.) It is elementary that even an ad interim order passed by the Supreme Court may not be of any relevance when the trial court considers an application upon affidavits being filed. However, these days once an order is passed by a superior forum, whether out of laziness or sycophancy, the lower forum merely continues the same without applying its mind to the changed circumstances or the justification therefor as may be reflected in the pleadings or affidavits filed by the parties.
(3.) The case run by the first respondent in the plaint is that the first respondent and the first appellant were veritable partners in a company which was to execute certain projects; that the first respondent-plaintiff was inducted into the company for the company to avail of his expertise; and, that the first respondent-plaintiff would be remunerated by the profits of the project or a substantial part thereof being made over to him, but he was left in the lurch upon his authority as an authorised signatory to sign the company s cheques being suddenly withdrawn in derogation of the subsisting arrangement. The claim sounds in money.;