MANOHAR LAL GUPTA Vs. KALAWATI

JUDGEMENT

(1.) A preliminary objection has been raised by Mr. S.K. Gupta, learned Counsel for the non-petitioner, to the maintainability of this revision petition, According to him, the decision as to the admissibility of a document in evidence is neither a jurisdic- tional error nor an illegality or material irregularity in the exercise of jurisdiction and for that reason, the revision petition is not maintainable.

(2.) I have heard learned Counsel on the preliminary objection as well as the merits of the case. However, before going to the merits of the case, it is necessary to consider the preliminary objection.

(3.) By the impugned order, the learned Trial Court has held that the concerned document is a sale deed and is inadmissible in evidence for want of registration. The petitioner has challenged this decision on the ground that a bare reading of the document shows that it is an agreement and not the sale deed and as an agreement was not compulsorily registrable at the relevant time, the document was admissible in evidence.