VINOD KUMAR KHETAN Vs. SITA DEVI

JUDGEMENT

(1.) The instant petition has been filed by the petitioner- defendant (for short 'the defendant') against the order dtd. 2/8/2024 passed by the Additional District and Sessions Judge No.3, Jaipur Metropolitan-II(for short 'the trial court') in Civil Suit No.77/2012 titled as "Sita Devi Vs. Shri Vinod Kumar", whereby the trial court dismissed the application filed by the defendant under Sec. 151 CPC read with Order 13 Rule 3 CPC.

(2.) Learned counsel for the defendant submits that the respondent No.1-plaintiff (for short 'the plaintiff') filed a suit for declaration and permanent injunction against the defendants in which the defendant filed an application under Sec. 151 CPC read with Order 13 Rule 3 CPC to the effect that the plaintiff filed the suit on the basis of so-called agreement dtd. 25/5/1979. The said agreement is a sale deed which is improperly stamped and unregistered. Without it being properly stamped and duly registered, said document/agreement can not be read in evidence but the trial court vide order dtd. 2/8/2024 dismissed the application filed by the defendant. So, the present petition filed by the defendant be allowed and the order dtd. 2/8/2024 passed by the trial court be set-aside.

(3.) Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendant and submitted that by so-called agreement, no sale was effected. It was only a memorandum of settlement which took place on 25/5/1979 prior to execution of the document. So, the said document does not require any registration. So, the trial court vide order dtd. 2/8/2024 rightly dismissed the application filed by the defendant. So, the present petition being devoid of merit, is liable to be dismissed.