RAJENDRA SINGH Vs. RAMGANIT SINGH

JUDGEMENT

(1.) This revision is against an order passed by Mr. R. P. Sinha, Additional Subordinate Judge, Patna, directing the parties in Title suit No. 73/51/63/53 to adduce evidence only on certain points.

(2.) A few facts may be stated with certain advantage. A sale deed is said to have been executed by the defendant-petitioner on 24-1-1950. After the execution of the deed, the defendant refused to admit execution on the ground of want of consideration and the plaintiff-opposite party presented the original sale deed before the Sub-Registrar for compulsory registration. The Sub-Registrar having refused to admit the document to registration, an application was moved under Section 73, Registration Act (16 of 1908), hereafter referred as the Act, and the defendant alleged in that proceeding that he had put his signature and thumb mark on blank papers and blank stamp papers and that deception had been practised on him. The Registrar also refused to register the sale deed on 30-7-1951, and awarded costs. The plaintiff-opposite party then brought the suit under Section 77, of the Act praying the sale deed to be registered.

(3.) It appears that the suit commenced before another Subordinate Judge, who was transferred, and, when the present Subordinate Judge had examined two witnesses on 10-2-1954, and trial was resumed on the next day, an application was filed on behalf of the plaintiff praying that evidence be restricted only to the points which arose for determination in the suit. In the meanwhile, the defendant had adduced evidence on the question of valuation, non-passing of consideration under the sale deed, fraud, non-execution of the deed of agreement, absence of necessity for sale, the date portion in the sale deed not being in the handwriting of the defendant and his signatures having been affixed on blank sheets of paper which were utilised by the plaintiff afterwards for engrossing the terms of the deed thereon.