HEMA RAM Vs. GUMAN SINGH

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) The chronology of the litigation at hand, as noticed by this Court, is that the plaintiffs/respondents filed a suit for possession and perpetual injunction against the petitioners/defendants before the learned Additional District Judge, Barmer on 23.04.2007. The petitioners/defendants filed the written statement to the said civil suit on 17.09.2007. The respondents/plaintiffs have filed rejoinder to the written statement on 03.05.2008. The respondents/plaintiffs thereafter submitted their affidavits for evidence on 22.05.2009. Thereafter, the cross-examination of PW-2 Guman Singh was started on 22.08.2015, but the same was kept reserved; the cross-examination though was re-commenced on 14.10.2015, but could not be completed on that date.

(3.) The present contention before this Court is an application dated 23.11.2015 filed by the petitioners/defendants under Order 13 Rule 3 CPC praying that the unregistered and unstamped agreement dated 20.08.1997 may be declared inadmissible in evidence, as it was not stamped. The respondents/ plaintiffs filed a reply to the said application on 24.11.2015. The application thereafter was rejected by the impugned order dated 22.01.2016 passed by the learned trial court.