SB CWP NO.2828/2006 – SMT. GAVRA DEVI . V/S STATE OF RAJSATHAN AND ORS. : JUDGMENT DTD.2.2.2010 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL WRIT PETITION NO.2828/2006 Smt. Gavra Devi Versus State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr. J.L.Purohit, for the petitioner. Mr.O.P. Mishra, for the respondents. DATE OF JUDGMENT : 2nd February, 2010. JUDGMENT 1. This writ petition is directed against the order dtd.21.1.2006 whereby the learned trial Court rejected the petitioner's application under Section 151 C.P.C. and held that since the patta issued by the Gram Panchayat was not registered, the same could not be exhibited in evidence by her. SB CWP NO.2828/2006 – SMT. GAVRA DEVI . V/S STATE OF RAJSATHAN AND ORS. : JUDGMENT DTD.2.2.2010 2/3 2. During the course of execution proceedings, the learned counsel for the petitioner submitted that despite the decision of this Court rendered in the case of L.Rs. of Jasraj V/s Dhingarmal reported in 1989(1) RLW 541 referred to by the learned Court below, the learned court below without discussing the applicability and inapplicability of the same in the facts of the present case preferred to follow the circular issued by the State Government whereby registration of such document was held to be necessary and thus struck off the said evidence from the record. 3. After hearing the learned counsels at some length, this Court is of the opinion that the learned court below could not have decided the said application without first giving his own reason as to why the judgment of the High Court cited before the learned court below was not applicable in the facts and circumstances of the present case. Apparently, the ratio of the said judgment covers the issue, therefore, it was all the more necessary for the learned court below to have discussed the effect of the said judgment. The same could not be SB CWP NO.2828/2006 – SMT. GAVRA DEVI . V/S STATE OF RAJSATHAN AND ORS. : JUDGMENT DTD.2.2.2010 3/3 ignored by the learned trial Court in this manner. 4. Consequently, this writ petition is allowed and the impugned order dtd.21.1.2006 is set aside and the learned trial Court is directed to decide the said application a fresh in accordance with law. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.17 SS/-