State Act

The Gujarat Land Revenue Code, 1879

135H. (1) The plantiff or applicant in every suit or application as hereinafter defined relating to land situated in any area to which this Chapter applies shall annex to the plaint or application a certified copy of any entry in the record of rights, register of mutations or register of tenancies relevant to such land. (2) If the plaintiff or applicant fails so to do for any cause which the court or conciliator deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the Court or conciliator, and if such certified copy is not so annexed or produced the plaint or application shall be rejected, but the rejection thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject-matter with a certified copy annexed. (3) After the disposal of any case in which a certified copy of any such entry has been recorded, the Court shall communicate to the Collector any error appearing in such entry and any alteration therein that may be required by reason of the decree or order, and a copy of such communication shall be kept with the record. The Collector shall in such case cause the entry to be corrected in accordance with the decree or decision of the court,so far as it adjudicates upon any right required to be entered in the record of rights, register of mutations or register of tenancies. The provisions of this sub-section shall apply also to an appellate or revisional Court: provided that, in the case of an appellate or revisional decree or order passed by the High Court 1[* * *] , the communication shall be made by the Court from which the appeal lay or the record was called for. (4) In this section— (a) “suit” means a suit to which the provisions of the Code of Civil Procedure, 1908 or of the Mamlatdar’s Courts Act, 1906, apply ; (b) “application” means an application— (i) for the execution of a decree or order in a suit ; (ii) for the filing of an agreement stating case for the opinion of the Court under the Code of Civil Procedure, 1908 ; (iii) for the filing of an agreement to refer to arbitration under 2[ section 20 of the Arbitration Act, 1940 ]; (iv) for the filing of an award under 3[section 14 of the Arbitration Act, 1940 ]. (v) to a conciliator under section 39 of the Dekkhan Agriculturists’ Relief Act, 1879 ; (vi) of any other kind to which the 4[ 5[State] Government ] may, by notification in the 6[Official Gazette] direct that this section shall apply; (c) an application shall be deemed to relate to land if the decree or other matter, with respect to which the application is made, relates to land; (d) a suit, decree or other matter relating to land shall, without prejudice to the generality of the expression, be deemed to include a suit, decree or other matter relating to the rent or tenancy of land.