GAVRA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dtd.21.1.2006 whereby the learned trial Court rejected the petitioner's application under Section 151 C.P.C. and held that since the patta issued by the Gram Panchayat was not registered, the same could not be exhibited in evidence by her.

(2.) During the course of execution proceedings, the learned Counsel for the petitioner submitted that despite the decision of this Court rendered in the case of L.Rs. of Jasraj v. Dhingarmal, 1989 1 RajLW 541 referred to by the learned Court below, the learned court below without discussing the applicability and inapplicability of the same in the facts of the present case preferred to follow the circular issued by the State Government whereby registration of such document was held to be necessary and thus struck off the said evidence from the record.

(3.) After hearing the learned Counsels at some length, this Court is of the opinion that the learned court below could not have decided the said application without first giving his own reason as to why the judgment of the High Court cited before the learned court below was not applicable in the facts and circumstances of the present case. Apparently, the ratio of the said judgment covers the issue, therefore, it was all the more necessary for the learned court below to have discussed the effect of the said judgment. The same could not be ignored by the learned trial Court in this manner.