- (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: "A petition has been filed on behalf of appellant Sudan Munda stating therein that the applicant is the appellant in the appeal and the appeal has been disposed of vide judgment dated 30th January, 2008 with the result in dismissal of the appeal. It is submitted that the appellant prays for returning of the certified copy of the judgment filed with the memo of appeal and the same is required to be filed in Hon'ble Court therefore, it is submitted that the certified copy of the judgment of the Trial Court filed alongwith memo of appeal by the petitioner/appellant may be returned to the appellant. On perusal of the record it reveals that the certified copy of the judgment of the Trial Court filed alongwith the memo of appeal is a part of the record and as such I am of the view that it should not be returned to the appellant and as such the petition filed on behalf of the appellant Sudan Munda for return of the certified copy of judgment alongwith memo of appeal stands rejected.  In my opinion, the Trial Court has not taken a correct view in saying that the trial Court judgment has become part of the record. Chapter -II of Part -Ill of the Civil Courts Rules deals with the provisions with regard to the Arrangement, Preparation and Inspection of Records in the trial Court. Rule 230 of the Civil Court Rules reads as under: - 230. (a) Every record of an Appellate Court shall be arranged in the same way as that of the Court of Original Jurisdiction except that there shall be no C File in respect of Class I records, the papers which would belong to that file where additional evidence is taken being attached to the C -1, File. (b) The files. must be marked A, B, C or D as in the Court of First Instance according to the nature of the case. Nate 1. - The copy .of the judgment and decree which accompany a memorandum of appeal should be placed with File C -1. Nate 2. -ln the case of Civil Appeals except miscellaneous appeals the certified copies of judgments and decree filed with the memorandum of appeal should be returned to the appellants on their applying for them after the disposal of the appeals, since the original record is kept with the appellate Court in the district record -room. In the case of appeals from the decisions of Settlement Officers and civil miscellaneous appeals, these documents should not be returned, but should be retained with the appellate records until the "C  File with which they are placed in due for destruction.
(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.;