OMPRAKASH S/O SHRI NANDLALJI RATHI Vs. RAJRAJESHWARI STONE CRUSHER THROUGH PROPRIETOR SMT. SUNITA W/O SHRI JASWANT KUMARJI KUMAWAT & OTHERS

JUDGEMENT

(1.) BEING aggrieved by the order dated 16/01/09 passed by II ADJ, Ratlam in Civil Suit No. 3 -B/07 whereby the document tendered by the petitioner in evidence was rejected holding that the document is inadmissible in evidence, present petition has been filed.

(2.) SHORT facts of the case are that the petitioner filed a suit for recovery of Rs. 4,60,000/ - alleging that the respondents entered into an agreement with the petitioner vide agreement dated 02/09/05 wherein it was alleged that the respondents have taken loan of Rs. 10,60,000/ - against which cheques have been issued by the respondents in favour of petitioner. It was alleged that since the cheques were not honoured, therefore, money decree be passed against the respondents. The suit was contested by the respondents. After framing of issues at the stage of evidence when the alleged agreement was tendered in evidence the same was objected by the respondents on the ground that the document is not properly stamped, hence the same is inadmissible in evidence. The objection was upheld holding that the document is not an agreement but is a bond and is not stamped in accordance with the provisions of Indian Stamp Act, therefore, the same is inadmissible in evidence, against which present petition has been filed.

(3.) INSPITE of service of notice respondents are absent.