BHAG CHAND Vs. SATYA NARAYAN

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dt. 24.07.2013 passed by the Additional Sessions Judge No. 1, Bhilwara (hereinafter referred to be as 'the learned trial Court') whereby the objection raised by the petitioner in respect of admissibility of documents produced through a witness has been rejected and the trial Court has admitted the documents in question in evidence for collateral purposes. Learned counsel for the petitioner has argued that the documents, family settlement between two brothers and the sale letter dt. 31.05.2010, are unregistered and not bearing requisite stamp duty, therefore, are not admissible in evidence even for collateral purposes. He further contended that as per Section 35 of the Indian Evidence Act, 1899, the documents in question are not admitted in evidence even for collateral purpose.

(2.) THE learned counsel for the petitioner has placed reliance upon the following judgments: -

(3.) LEARNED counsel for the respondents in support of his arguments has relied upon the order dt. 23.01.2009 passed in S.B.C.W.P. No. 5846/2007 (Hazari Lal vs. Raton Lal & Ors.) and the judgment dt. 04.03.2003 rendered by the Hon'ble Apex Court reported in : AIR 2003 SC 1905.