INDU Vs. NARSINGH DAS

JUDGEMENT

(1.) In this petition, the petitioner is challenging the validity of order dated 18.10.2011 whereby document Annex. 3 dated 11.5.1969 was accepted for evidence by the trial Court for collateral purpose. As per facts of the case the plaintiff-respondent filed a suit and entire claim was made in the plaint on the basis of a hand-written letter dt. 11.5.1969 on a plain paper. During the pendency of the suit, the petitioner filed an application under O.13 R. 3, CPC, read with Secs. 17 and 49 of the Registration Act and Secs. 33 and 35 of Indian Stamps Act before the trial Court.

(2.) In the application it is submitted that document written on plain paper dated 11.5.1969 is neither properly stamped nor registered, therefore, the said document may be rejected. The trial Court allowed the said application filed by the petitioner and document dated 11.5.1969 filed by the plaintiff-respondent was held to be inadmissible in evidence.

(3.) The plaintiff-respondent preferred writ petition before this Court by way of filing S.B. Civil Writ Petition No. 4752/2008 but the same was dismissed by this Court on 16.12.2008. However, it was kept upon for the plaintiff-respondent, if he so desired, to make a prayer with regard to the document for collateral purpose before the trial Court The plaintiff-respondent in pursuance of the liberty granted by this Court moved an application on 9.1.2009 before the trial Court praying that the document dated 11.5.1969 may be admitted in evidence for collateral purposes for establishing possession etc. of the plaintiff-respondent over plot No. 47-B.