NISHA & ANR Vs. LAL SINGH AND OTHERS

JUDGEMENT

(1.) This petition is filed by the petitioners/plaintiffs feeling dissatisfied with para 32 of the deposition wherein the Court below permitted the defendant to exhibit the document.

(2.) In the instant civil Suit the defendant produced a document Annexure P-2. The defendant intended to mark this document as exhibit. The prayer was opposed by the petitioners/plaintiffs on the ground that it is neither registered, nor properly stamped. The Court below in para 32 (page 16) opined that the stand of the defendant is that the document Annexure P-2 is only a receipt. It is further opined that by the said document no right accrued in favour of anybody. It is at best a receipt ('likhtam') and hence it can be marked as exhibit. Accordingly, it was permitted to be marked as Ex.D-11.

(3.) Assailing this finding of the Court, Shri Rajendra Jain, learned counsel for the petitioner, submits that the said document needs to be registered and properly stamped as per Section 35 of The Indian Stamp Act, 1899.