Section 132State of Karnataka Act

Section 132: Certified copies of records to be annexed to plaint or application

Karnataka Land Revenue Act, 1964

Certified copies of records to be annexed to plaint or application.

(1)

The plaintiff 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 or Register of Mutations relevant to such land.

(2)

If the plaintiff or applicant fails so to do for any cause which the court deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the court 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 Deputy Commissioner 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 Deputy Commissioner 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 or Register of Mutations. 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 or the Supreme Court, the communication shall be made by the original 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 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 a 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 section 20 of the Arbitration Act, 1940 (Central Act 10 of 1940);

(iv)for the filing of an award under section 14 of the said Arbitration Act;

(v)of any other kind to which the State Government may, by notification, 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 an 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 rent or tenancy of land.

Sec 131 — Requisition of assistance in preparing maps

Sec 133 — Presumption regarding entries in the records

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