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2016 DIGILAW 268 (CHH)

State of MP through Collector, Sarguja (Ambikapur) v. Jagdish Rai Bajrang Rai, s/o Maniram Agrawal

2016-08-05

CHANDRA BHUSHAN BAJPAI, PRASHANT KUMAR MISHRA

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ORDER : 1. This First Appeal has been posted for final hearing without preparation of Paper-Book. 2. Rules 176 and 177 of the High Court of Chhattisgarh Rules, 2007 (for short 'the Rules of 2007') provide thus: “176. In all matters to be heard by Division Bench or Larger Benches, it shall be mandatory that paper books are prepared before the hearing. The filing of paper books being compulsory, no matter before a Division Bench or Larger Bench shall be heard without paper books : Provided that in rare and exceptional cases, the Bench seized of a matter may dispense with the requirement of filing the paper book. 177. All paper books, except in criminal matters, unless there is any order to the contrary passed by the Court or the Registrar (Judicial), shall be prepared by the appellant/petitioner/applicant : Provided that a respondent/non-applicant within 30 days after service upon him of the notice, or, with the permission of the Court or the Registrar (Judicial), may file another set of paper books enclosing papers, other than those inserted in the paper book of the appellant/petitioner/applicant to which such respondent/non-applicant desires that a reference shall be made by the Court at the hearing of the appeal. Explanation. - The paper-book means and includes the whole of the papers included in the paperbooks of either parties.” 3. It is apparent that preparation of paper book is mandatory in all matters to be heard by Division Bench. It further appears in no unambiguous terms that no matter before a Division Bench or Larger Bench shall be heard without paper books. Preparation of paper book may be dispensed with in rare and exceptional case. 4. Under Rule 177 of the Rules 2007, all paper books, except in criminal matters, shall be prepared by the appellant/petitioner/applicant. 5. In view of clear mandate of the Rules 2007, the appellant is directed to prepare paper book which shall be in accordance with Rules 178 to 186 of the Rules 2007, within a period of 6 weeks. 6. This order be placed before the Registrar (Judicial) for mandatory compliance in all matters which are posted for final hearing before the Division Bench. 7. List it immediately after 6 weeks.