ASIF ALI Vs. SHAMA BEE

JUDGEMENT

(1.) BEING aggrieved by award dated 6.8.2009 passed by IV Civil Judge, Class I, Ratlam in Civil Suit No.7-A/2009, present appeal has been filed.

(2.) SHORT facts of the case are that a suit for declaration and permanent injunction was filed by the appellant against respondent. During pendency of the suit, appellant tendered the document in evidence alleging that the document is the memorandum of family arrangement. The admissibility of the document was challenged by the respondent on the ground that the document is the deed of partition and document is not properly stamped, therefore, is inadmissible in evidence. Vide order dated 26.4.2008 learned Court below directed to consider the objection raised at appropriate stage An application was filed for reviewing the order dated 26.4.2008 which was dismissed on 23.6.2008. Again another application was filed by the respondent which was dismissed on 8.4.2009, thereafter, 3rd application was filed which was allowed by the impugned order dated 8.4.2009, wherein learned Court below observed that orders dated 8.4.2009, 23.6.2008 stand quashed and the document is sent to the Collector of Stamps against which present appeal has been filed.

(3.) LEARNED counsel submits that in view of the aforesaid position of law the application itself not admissible in evidence. Learned counsel further submitted that limitation for filing the application for reviewing the order is 30 days as per Article 122 of the Limitation Act, while the application was filed by respondent after lapse or more than two years. It is submitted in the facts and circumstances of the case, appeal filed by the appellant be allowed the impugned order be set aside.