judgment and decree passed by the learned Trial Court dated 23.09.2017 that was impugned before it. The approach of the learned First Appellate Court, where it practically sat over the correctness of the preliminary issues framed by the High Court Court on 03.10.2005 was against the judicial propriety and discipline. It was not open to the learned First Appellate Court, to remark upon, to critically appraise and to hold that preliminary issues framed by this Court were incorrect and certainly not in an appeal arising out of decision upon preliminary issues that too in the second round of litigation, which started after remand of the case by this Court. The decision on preliminary issues in the first round of litigation had reached upto this Court from where the matter was remanded to the learned Trial Court. Learned First Appellate Court could not apply what it considered was the position in law in framing of preliminary issues. The order passed by the Higher Court under the judicial hierarchical system may not be correct according to the learned Court lower in the hierarchical system, nevertheless it is binding upon it. All the Courts are expected to respect judicial propriety, judicial discipline and system of hierarchy of Courts. Impugned order finds fault with the order passed by this Court. This shows absolute lack of understanding basic principles of maintaining judicial discipline, propriety & hierarchy of courts. The impugned order, therefore, cannot be saved.
