2008 Supreme(Raj) 2511
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ashok Parihar, J.
State of Rajasthan - Appellant
Versus
Shri Krishan Lal & Ors. - Respondent
S.B. Civil First Appeal No. 11 of 1992.
Decided On : 25-09-2008
For the Appellant:Mr. S.N. Gupta, Dy. Government Advocate.
The main legal point established in the judgment is that the preparation of a paper book is not necessary for first appeals with a valuation below Rs. 20,000, unless otherwise ordered. The court also emphasized the need to interpret the rules liberally in cases where the plaintiff is unable to afford the expenses for the preparation of the paper book.
Headnote:
Paper Book - Civil First Appeals - Chapter-13 of the Rajasthan High Court Rules - 1952 - Rule 184, Rule 223 - The court discussed the detailed provisions of Chapter-13 of the Rajasthan High Court Rules, 1952, and held that the preparation of paper book is not necessary for first appeals with a valuation below Rs. 20,000, unless otherwise ordered. The court also emphasized that in cases where the plaintiff filed a suit as a pauper and filed a first appeal as a pauper, the rules should be interpreted liberally to ensure justice is not denied due to poverty.
Fact of the Case:
The court addressed the issue of whether the preparation of a paper book is necessary for civil first appeals as per the provisions of Chapter-13 of the High Court Rules. The court noted the confusion and conflicting orders regarding the submission of paper books in civil first appeals.
Finding of the Court:
The court found that the preparation of a paper book is not necessary for first appeals with a valuation below Rs. 20,000, unless otherwise ordered. The court emphasized the need to interpret the rules liberally in cases where the plaintiff is unable to afford the expenses for the preparation of the paper book.
Issues: The main issue was whether the preparation of a paper book is necessary for civil first appeals as per the provisions of Chapter-13 of the High Court Rules.
Ratio Decidendi: The court held that the preparation of a paper book is not necessary for first appeals with a valuation below Rs. 20,000, unless otherwise ordered. The court also emphasized the need to interpret the rules liberally in cases where the plaintiff is unable to afford the expenses for the preparation of the paper book.
Final Decision: The matter was ordered for reference to a Larger Bench for deciding the issue of whether the preparation of a paper book is necessary for civil first appeals as per the provisions of Chapter-13 of the High Court Rules.
"Chapter-13 of the Rajasthan High Court Rules specifically provides for provisions and detailed procedure in regard to preparation of paper-book in civil first appeals. However, it has been noticed that the provisions of above Chapter so far are not been followed at all, moreso, when there is no provision under Chapter-13 for exemption of preparation of paper-book in the civil first appeals except where the valuation , less than Rs. 20,000/-. Counsel for the appellant(s) may submit necessarily paper-book within 30 days.
Put up for hearing after 30 days. The Deputy Registrar (Judicial) is also directed to issue necessary notice as per provisions of Chapter-13 to all the parties concerned for preparation of paper-book in civil first appeals."