(1.) The Court of Additional District Judge No. 1, Jodhpur made the instant reference to this Court under Section 113 of the Code of Civil Procedure (referred to hereinafter as 'C.P.C.') and Order 46, Rule 1, C.P.C. as the said Court was seized of a Misc. Appeal in which the following question was involved :-
(2.) In this regard, the second case considered by the said Court was in the matter of Hanspuri v. Bhanwar Lal, 1987 Raj LW 395, wherein this Court observed as under :-
(3.) The said Court also considered the judgment in Ram Lal v. Goverdhan Lal, (1988) 1 Rajasthan LR 669, wherein this Court held as under :-