GAJANAND AND ORS Vs. MAHARAJ SINGH AND ANR

JUDGEMENT

(1.) By way of the instant writ petition, the petitioners have beseeched to quash and set aside the order dated 29th September, 2007, whereby the learned Civil Judge (Jr.Division), Hindaun City, allowed the unregistered and unstamped sale-deed of the respondent-plaintiff to be marked exhibit.

(2.) Shorn of unnecessary details, the facts of the case are that the plaintiff-respondent filed a civil suit against the petitioners-defendants on 4th December, 2006 for permanent injunction with regard to a plot described in Para-1 of plaint, in the court of Civil Judge (Jr.Division), Hindaun City. It is alleged that the petitioners-defendants intended to dispossess the respondent-plaintiff from the said suit plot forcibly, hence, above suit was filed, wherein the petitioners-defendants appeared in the court after service of summons. The petitioners-defendants denied the averments made in the plaint. During the pendency of the suit, the respondent-plaintiff intended to mark exhibit on the sale-deed which was opposed by the petitioners-defendants vehemently on the ground that the sale-deed was not registered nor was it duly stamped. Despite there being opposition from the petitioners-defendants, the learned trial court dismissed the objections and allowed the respondent-plaintiff to mark exhibit thereon.

(3.) Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is not in dispute that the sale-deed dated 14th October, 1977 was unregistered and not duly stamped. Now, a very short question, which springs up for consideration in the instant petition is as to whether unregistered and unstamped document i.e. sale-deed, can be allowed to be exhibited in evidence