UMESH KUMAR AHUJA Vs. OM PRAKASH

JUDGEMENT

(1.) THE petitioner-defendant, Umesh Kumar Ahuja has filed the present revision petition against the order dated 14.05.2011 passed by learned trial court of Additional District & Sessions Judge (FT) No.2, Udaipur in Civil Original No.44/2011-Om Prakash & Ors. Vs. Umesh Kumar Ahuja for redemption of mortgage, whereby the learned trial court has rejected the defendant's application under Order 7 Rule 11 CPC.

(2.) THE said application was filed in the suit for redemption of mortgage on the ground that the supplementary document executed between the parties for Rs.1,50,000/- on 11.3.2000 was not registered and duly stamped, therefore, in the absence of same, the suit for redemption of the mortgage could not be maintained. THE learned trial court while rejecting the said application under Order 7 Rule 11 CPC has held that the original mortgage deed for a sum of Rs.2,00,000/- executed between the parties on 16.07.1999 was a duly registered and stamped document and the mortgage was sought by the plaintiffs-respondents, Om Prakash and others on the basis of said document. THE learned trial court has held that whether the supplementary document for Rs.1,50,000/- created a further charge or not and whether that can also be construed as supplementary mortgage deed or not, is a matter of evidence, and therefore, the entire suit cannot be thrown out on the anvil of Order 7 Rule 11 CPC.