RAM LAL Vs. BHANWARI DEVI

JUDGEMENT

(1.) A reference has been made by Hon'ble Single Judge on 16th July, 1981 mentioning that there is a conflict of opinion between two single Bench judgments of this Court and, therefore, it is necessary that the conflict must be resolved by the larger Bench. The two decisions referred to relate to interpretation of Rules 234 and 235 of the General Rules (Civil) of Rajasthan. The first judgment is in Suresh Kumar Sharma v. Idol Laxmanji Maharaj 1973 RLW 160 and the second decision is of Mool Chand Soni v. Virendra Kumar 1980 RLW 121.

(2.) NO one has appeared on behalf of the appellant Mr. U.N. Bhandari has appeared for the respondent and submitted that the view taken by this Court in Mool Chand Soni v. Virendra Kumar (supra) is correct and should be approved by this Bench Now.

(3.) A Judgment and decree passed by Munsiff Magistrate Ajmer City (West), Ajmer in civil Suit No. 234/72 became the subject matter of appeal in the district court. The decree was passed on 11 -12 -19/4. The appellant submitted an application for obtaining certified copy of the judgment and decree of the trial court vide application dated January 3, 1975. The certified copy was not ready on 4 -1 -1975 as the date fixed for giving copy was 4 -1 -1975 and no further date for collecting the copy was intimated or notified. The certified copy of the decree was then ready on January 9, 1975 and a notice with regard to the certified copy being ready for delivery was put oh the notice board on January 10, 1975. The certified copy was collected by the appellant on January 25, 1975 and the appeal was filed on 31st January, 1975.