NARENDRA SURI Vs. RANJEET SHAH

JUDGEMENT

(1.) The petitioners/plaintiffs no.1 & 2 have filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 10.9.2013 (Annexure-P-8) passed by XIVth Additional District Judge Bhopal, in Civil Original Suit No. 882-A/2012, whereby their application filed under Section 65 of the Evidence Act permitting them to prove the photo copy of the notorized letter written on some letter head vide dated 5.9.1996 (Annexure-P-4) and the photo copies of some other documents through secondary evidence, has been dismissed.

(2.) The facts giving rise to this petition in short are that, the petitioners no.1 & 2 and respondents no.3 to 5 have filed the impugned suit against the respondent no.1 & 2 for Specific Performance, declaration and perpetual injunction with respect of the property described in the plaint on the strength of the agreement to sale dated 9.6.2000. Apart this, the photo copy of aforesaid document dated 5.9.1996 (Annexure-P-4) to show the part payment of the settled consideration of such agreement to sale has also been referred in the pleadings.

(3.) In the written statement of the respondent no.1, beside the other averments, it is stated that the aforesaid document 05.09.1996, being made by the plaintiffs under some conspiracy is a forged and fabricated document is also objected on the ground that the same is neither properly stamped nor registered with the Registrar and in such premises, the same is not admissible in evidence.