LADULAL Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) THESE are connected revision applications against the orders passed by the district Judges of Ajmer and Jaipur City respectively discharging caveats filed by the petitioners on the ground that an affidavit in support of the "caveat as prescribed by Rule 778 of the Rajasthan High Court Rules. 1952 was not filed. The following are the relevant rules contained in the High Court Rules :--

(2.) THE consequence of not filing an affidavit within fourteen davs was first considered by a Division Bench of this Court in Kalyan Singh v. Mst. Gaind Kanwar, 1961 Rai LW 143. The observations made in Paras 6, 7 and 8 run as follows :-"

(3.) THE next casp on the point is an unreported case-- Girdhari v. Shivna-rain. Civil misc. Appeal No. 39 of 1962 decided on 29-9-1962 (Rai ). In that case an application for amendment of the petition had been reiected by the learned District judge and a miscellaneous appeal had been filed. The case was not decided by the lower court on the ground that no affidavit was filed in support of their objections by the respondents in accordance with the High Court Rules. Mv attention was, however, drawn to this fact while deciding that casp and the following observation was made by me :-