MAHESH Vs. RAMSWAROOP AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails the interlocutory order dated 09.07.2008 passed in Civil Suit No.15-A/2007 by the Special Judge (Atrocities), Gwalior, whereby the application under Section 33 read with S.35 of the Indian Stamp Act, 1899 preferred by the defendant no.1/petitioner herein has been partly disallowed to the extent of taking Ex.P/1, an agreement to sell dated 24.12.1988 on record and also by taking on record Ex.P/5 a power of attorney after rejection of the objection of the petitioner, but has disallowed taking on record Ex.P/2, which is a supplementary agreement to sell by accepting the objections of the petitioner.

(2.) Learned counsel for the rival parties are heard on the question of admission and final disposal.

(3.) Learned counsel for the petitioner has contended that the document Ex.P/5 is an irrevocable power of attorney, which could not have been accepted in evidence as it was not registered. It is further contended that Ex.P/1 has been accepted wrongly.