JITENDRA MOHANLALJI NAGAL Vs. ASHOK MANKLALJI PIPADA

JUDGEMENT

(1.) This petition has been filed by the petitioner/plaintiff under Article 227 of the Constitution of India against the order dtd. 12/11/2022 passed in case No. RSC-A/24/2015 by the Principal District Judge, Ratlam whereby the petitioner's objection regarding admissibility of the document has been rejected and a copy of the agreement dtd. 02/06/2014 has been allowed to be exhibited.

(2.) The case of the petitioner is that a civil suit for specific performance of contract has been filed on the basis of an agreement dtd. 02/06/2011 Ex.P/1. In the aforesaid suit, while cross examining the plaintiff's witness PW/1 Jitendra, a document, said to be a copy of the agreement Ex.P/1 was sought to be proved which has been allowed to be exhibited by the Trial Court despite an objection by the petitioner.

(3.) Learned counsel for the petitioner has submitted that the aforesaid document is a photocopy of Ex.P/1, and on Ex.P/1, the petitioner has paid proper stamp duty of more than Rs.11.00 Lakhs and only after that, it has been exhibited, however, the respondents are trying to bring a document on record which is not duly stamped and which is also the photocopy of the original document. Thus, it is submitted that the learned Judge of the Trial Court has erred in allowing the respondents to exhibit the aforesaid document and thus, the same is liable to be set aside.