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.

1. - This Court at the time of hearing of the appeal passed the following order on 04/08/2008 :

"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."

2. The general notice had duly been issued by the Deputy Registrar (Judicial) accordingly. Similar orders have also been passed in large number of Regular Civil First Appeals pending hearing.

3. When the matter again came up for hearing today, as per office report, paper book, as ordered above, has not been submitted by the appellant so far. However, it was pointed out by some of the counsels that in the main seat of this Court at Jodhpur, the learned Single Judge has held otherwise. A copy of the order passed by the learned Single Judge in S.B. Civil First Appeal No. 617/2005, Bhagwan Singh v. Makkhan Singh dated 02/09/2008 has also been submitted for perusal of this Court. It has been held that irrespective of valuation so long a first appeal to be heard by a Judge sitting alone, preparation of paper book is not necessary.

4. This Court, while holding the preparation of paper book as not necessary, has directed the office that all such appeals shall be dealt with as a preparation of paper books is not necessary except those in which there is any specific order of the Court for preparation of the paper book or compilation of papers in any other form.

5. It may be relevant to mention here that while passing the order dated 02/09/2008 the learned Single Judge in the case of Bhagwan Singh (supra) while referring to earlier judgment of this Court in the case of Munshi Ram v. Prakash Chand and another, 1997(1) RLW Raj. 183 , has heavily relied upon earlier judgment of the Division Bench of this Court in Mansukhram Chela of Bhikaram Maharaj v. Hemaram Chela of Shri Jasuram, 1963 RLW 615 .

6. This Court in the case of Munshi Ram (supra), while referring to detailed provisions of Chapter-13 of the Rajasthan High Court Rules, 1952, held that unless otherwise ordered, no paper book shall be required to be prepared by the office of the Registry in the cases of such first appeals where valuation is below Rs. 20,000/- but in other cases of first appeals, where valuation of first appeal is either Rs. 20,000/- or more, the paper books are to be prepared under the Rules of the Court without any exemption. Even in those cases where valuation of a first appeal is below As. 20,000/- as the court directs to prepare the paper book in such cases only after orders of the Court, the paper books would be prepared and not otherwise. The Court further observed that in view of the decision rendered by the Division Bench of this Court in the case of Mansukhram Chela of Bhikaram Maharaj (supra) in rarest of rare cases if the Court is satisfied after looking into the facts and circumstances of the particular case, the preparation of the paper book can be dispensed with by speaking order after hearing both the parties. Referring to the penal consequences of dismissals of SB First Appeals as, envisaged under Rule 184 of the High Court Rules, the Court directed the Registry to follow the detailed Rules as prescribed under Chapter-13 of the Rules of the Court regarding preparation of the paper book in SB First Appeals in which valuation is either Rs. 20,000/- or more than Rs. 20,000/-. While referring to order of Division B