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State of Rajasthan - Section

Section 111 in Rules of the High Court of Judicature for Rajasthan, 1952

111. Application for summary determination of a first appeal.

(1)A respondent to a First Appeal valued at less than twenty thousand rupees who has filed no cross-objection may. on receipt of notice to appear and answer the appeal and within thirty days of the date fixed in the notice for his appearance, make an application for the summary determination of the appeal on the ground that it is frivolous or vexatious or that it has been filed merely to cause delay or that it can be disposed of on a preliminary ground and that a paper-book is not necessary for its disposal.
(2)The application shall be accompanied by documentary proof of the fact that a copy of the application has been served on the appellant's Advocate. Such proof may consist of an acknowledgment, from such the advocate of having received the copy, a postal acknowledgment in case the copy was served on him by registered post or an affidavit showing how the service was effected.
(3)The application along with the appeal shall be listed for hearing as early as possible after the expiry of thirty days from the date when notice of the application was served on the appellant's advocate, provided that no cross-objection has been filed in the appeal. If the court does not summarily dismiss the appeal, it shall reject the application and thereafter the appeal shall proceed as if no application under this Rule had been made. In case a cross-objection has been filed before the application is listed for hearing the Court shall reject such application.Section I-Civil revisions and appeals from appellate orders