KAILASH NARAIN Vs. BHAIROON DUTTA

JUDGEMENT

(1.) Respondent No. 1 (plaintiff-non-petitioner No. 1) instituted a suit for redemption of mortgage dated April 14. 1954. The suit was filed against the legal representatives of the deceased mortgagee Ratanlal. The appellants (defendant-petitioners) are sons of Ratanlal. The suit was contested by the defendants (petitioners). Their case was that they had undertaken the repairs with the concurrence of the plaintiff-mortgagor in the years 1958-1961, 1965 and .1971. They obtained receipts for the amounts spent by them on repairs from the plaintiff-non-peti-tioner No. 1. These receipts were filed along with the written statement and the amount involved is Rs. 5,500. The receipts produced by the defendant-petitioners were unstamped. The learned Civil Judge, Jodhpur, by his order dated Nov. 12, 1980, held that by virtue of Section 35 of the Stamp Act as existed then. these receipts cannot be admitted in evidence. The defendant petitioners filed a writ petition under Articles 226 and 227 of the Constitution seeking to quash the order dated Nov. 12, 198o of the learned Civil Judge, Jodhpur. During the course of hearing of the writ petition, a preliminary objection was raised by the learned counsel for the plaintiff-non-petitioner No. 1 that the writ petition is not maintainable against the order dated Nov. 12, 1980 by which the learned Civil Judge held that the four receipts are inadmissible in evidence. The learned single Judge upheld the preliminary objection and dismissed the writ petition as not maintainable. Hence this special appeal under Section 18 of the Rajasthan High Court Ordinance.

(2.) Mr. M. Rule Singhvi has appeared on behalf of respondent No. 1 Bhairon Datta (Caveator).

(3.) We have heard Mr. M. D. Calls for the appellants and Mr. M. Rule Singhvi for respondent No, 1.