High CourtsSINGLE BENCH(2017) 07 RAJ CK 0059

Shri Mehmood Khan Son of Shri Ramjan Khan vs Shri Mohd. Siddique Belim Son of Shri Noor Mohd

Rajasthan High Court · Decided on 26 July 2017

HON’BLE JUDGES
Dinesh Mehta
RESULT
Dismissed
CASE NUMBER
6122 of 2017

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Judgment

6 paragraphs · 164 words
1.

By way of the present writ petition, the petitioner has challenged the order dated 08.02.2017 passed by the Additional Civil Judge, Banswara (hereinafter to be referred as "Trial Court") rejecting petitioner's application dated 05.11.2016.

2.

Brief facts of the case are that the plaintiff (respondent herein) had filed a suit for recovery of money against the defendant-petitioner on the basis of a document styled as "Vachan Patra". The defendant-petitioner moved an application before the learned Trial Court with a request that the document cannot be marked exhibit, as the same is neither stamped nor registered.

3.

The learned Court below has rejected the same, while observing as under:-

"VERNACULAR MATTER OMITTED"

4.

Since, the Trial Court has left the issue, regarding admissibility of the document, on account of insufficient stamp duty and absence of registration, to be decided at subsequent stage, this Court finds no justifiable reason to interfere in the present writ petition at this stage.

5.

The writ petition stands dismissed.