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State of Rajasthan - Section

Section 223 in Rules of the High Court of Judicature for Rajasthan, 1952

223. Paper Book where the appeal may be disposed of on a question of law alone.

- Wherein the case of any First Appeal the Chief Justice is satisfied that it may be disposed of on a question of law alone, he may order that a type-written paper book consisting only of the memorandum of appeal, the pleadings in the case, the judgment under appeal and such other paper as he may direct be prepared.[224. Preparation of paper book out of Court. - On application by a party, the Chief Justice, after giving an opportunity to the other party, if represented by a counsel to be heard, may in any case direct that such party may get the paper book prepared out of Court on the following lines:-
(1)An application made under this rule for the preparation of a Paper Book out of Court should invariably be accompanied by a list paper proposed to be included in the Paper Book. At the same time the applicant should serve a copy of the application together with the list upon the opposite party so that the opposite party may be in a position to know the papers proposed to be included and file his own list of papers, if any. In case of any disagreement between the parties as to the lists of papers to be included in the Paper Book, the Registrar shall settle the same in the presence of the parties or their counsel.
(2)The Paper Book shall be arranged in two parts namely:-
(a)PART I:- to consist of pleadings, oral evidence, judgment and decree and proceedings of the Court below and the grounds of appeal and cross objection, if any, filed in the High Court.
(b)Part II:- to consist of documents and exhibits.
(3)The Paper Book shall consist of a fly sheet bearing the number and title of the case, an index in proper form giving full description of the papers, page number, identification marks etc. in the following proforma and all the necessary relevant papers in proper order:-
S. No. Description of documents Date Page Identification marks in the file
         
(4)Papers in part-I of the Paper Book shall be filed in chronological order and shall be numbered consecutively. Documents in part II shall follow the order of their exhibit marks.
(5)Each document or paper included in the Paper Book should bear a heading giving the description, date and identification mark thereof. Short heading and date shall be repeated on each page covering the document.
(6)Counsel under whose supervision the Paper Book is prepared shall initial every page and shall give a certificate as to the correctness of the Paper Book at the end of the index to the following effect:-"Certified that the Paper Book has been prepared under my supervision and contains all necessary papers duly compared and found correct with the original thereof".
(7)The paper book filed will be compared with the original record by the Superintendent (Translation Section). The comparison charges shall be twenty-five paise per page.
(8)In case the Superintendent is of the opinion that some pages should be retyped because of numerous corrections, he shall intimate the party which will remove the defects within the time specified by him failing which the appeal will be liable to rejection. The Superintendent shall bring the default to the notice of the Registrar who shall list the case for orders before the Bench concerned].