BHAGWAN SINGH Vs. MAKKHAN SINGH

JUDGEMENT

(1.) THIS first appeal under Section 96 of the Code of Civil Procedure (CPC) has been preferred by the defendant in a suit for specific performance that was decreed by the Additional District Judge (Fast Track), Anoopgarh on 24. 10. 2005. After summoning the record and hearing the counsel for both the parties as the plaintiff-respondent had put appearance in caveat, this appeal was admitted for consideration on 19. 02. 2007; and execution of the impugned decree was ordered to be stayed and status quo regarding possession was ordered to be maintained with certain clarifications.

(2.) THIS appeal was again processed by the office for the purpose of preparation of paper-book and a notice was exhibited per Rule 181 of the Rules of the High Court of Judicature for Rajasthan, 1952 ('the Rules' hereafter); and, for the list of documents having not been filed and the initial charges having not been deposited, the matter was listed before the Deputy Registrar (Judicial) and then before the Registrar (Administration ). Compliance having yet not been made, the matter was ordered to be placed before the Court.

(3.) THOUGH the submissions as made in this case on behalf of the respondent in opposition to the same ordinary and rather innocuous prayer of dispensing with preparation of paper-book are difficult to be accepted; and the questions on want of particulars of interest of justice as raised by the learned counsel for the respondent are required to be rejected as being of rather over-zealous but unnecessary arguments; and, as this Court felt satisfied after examining the record that the matter could adequately be heard without such paper-book, the application would have simply been granted while dispensing with preparation of paper-book as done in the past in a large number of cases but, for the arguments as advanced on behalf of the respondent, and for the matter being of recurrence before the Court, it was considered appropriate to have a close and deeper look at the issue of preparation of paper-book for the purpose of hearing of a civil first appeal.