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Judgment
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.
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.
The learned Court below has rejected the same, while
observing as under:-
"VERNACULAR MATTER OMITTED"
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.
The writ petition stands dismissed.