A.K. Parihar, J. - (1.) This Court at the time of hearing of the appeal passed the following order on 04/08/2008: - Chapter -13 of the Rajasthan High Court Rules specifically provides for provisions and detailed procedure in regard to preparation of paper -book in civil first appeals. However, it has been noticed that the provisions of above Chapter so far are not been followed at all moreso, when there is no provision under Chapter -13 for exemption of preparation of paper -book in the civil first appeals except where the valuation is less that Rs. 20,000/ -. Counsel for the appellant(s) may submit necessarily paper -book within 30 days. Put up for healing after 30 days. The Deputy Registrar (Judicial) is also directed to issue necessary notice as per provisions of Chapter -13 to all the parties concerned for preparation of paper -Book in civil first appeals. The general notice had duly been issued by the Deputy Registrar (Judicial) accordingly. Similar orders have also been passed in large number of Regular Civil First Appeals pending hearing.
(2.) When the matter again came up for hearing today, as per office report, paper book, as ordered above, has not been submitted by the appellant so far. However, it was pointed out by some of the counsels that in the main seat of this Court at Jodhpur, the learned Single Judge has held otherwise. A copy of the order passed by the learned Single Judge in SB Civil First Appeal No. 617/2005, Bhagwan Singh Vs. Makkhan Singh dated 02/09/2008 has also been submitted for perusal of this Court. It has been held that irrespective of valuation so long a first appeal to be heard by a Judge silting alone, preparation of paper book is not necessary.
(3.) This Court, while holding the preparation of paper book as not necessary, has directed the office that all such appeals shall be dealt with as a preparation of paper books is not necessary except those in which there is any specific order of the Court for preparation of the paper book or compilation of papers in any other form.;