LUMBARAM Vs. VARDARAM

JUDGEMENT

(1.) Plaintiff-non-petitioner No. 1 instituted a suit for specific performance of the contract on the basis of a document dated August 6, 1974 alleged to have been executed by the defendant-petitioner against the defendants (petitioner and non-petitioner No. 2) in the Court of Civil Judge, Pali. The document dated August 6, 1974 was written on a stamp of Rs. 3/- only and it is unregistered. The objection material for the present purpose taken in the written statement was that the document dated Aug. 6, 1974 is not an agreement to sell but it is completed sale and as it is insufficiently stamped and unregistered, it is not admissible in evidence. The learned Civil Judge, Pali framed issue No. 9 covering this objection. By his order dated Sept. 20, 1980, the learned Civil Judge held that the document in question is an agreement to sell and, therefore, it is admissible in evidence. He, accordingly, decided issue No. 9 against the defendants. By this very order, he also decided issues Numbers 11 and 12.

(2.) Being dissatisfied with the order dated September 20, 1980 of the learned Civil Judge, the defendant-petitioner filed a petition under Articles 226 and 227 of the Constitution praying that issues Nos. 9, 11 and 12 may be decided in his favour.

(3.) On January 15, 1981 learned counsel appearing for the petitioner sought adjournment to move an application that the writ petition may be treated as a revision petition against the impugned order of the Civil Judge dated Sept. 20. 1980, On Feb. 6, 1981, an application was filed by the learned counsel for the petitioner praying that if the impugned order dated Sept. 20, 1980 of the learned Civil Judge is held to be within the scope of Section 115 C. P. C., the writ petition may be treated as a revision petition under that provision. On this application, the following order was passed on Feb. 6, 1981: