BABULAL SHARMA Vs. RAHUL MAHESHWARI

JUDGEMENT

(1.) This civil writ petition has been filed by the petitioner-defendant (for short 'the defendant') being dissatisfied with the order dtd. 12/10/2015 passed by the Additional District and Sessions Judge No.2, Jaipur District Jaipur in civil suit No. 4/2015 whereby the application filed by defendant under Sec. 39 of Rajasthan Stamps Act, 1998 (for short 'the Act of 1998') has been dismissed.

(2.) Learned counsel for the defendant submits that respondent No.1-plaintiff (for short 'the plaintiff') filed a suit against the petitioner-defendant No.2 and respondents Nos. 2 to 5 for specific performance and permanent injunction in which the defendant filed an application under Sec. 39 of the Act of 1998 as well as Sec. 151 CPC before the trial Court that the so-called agreement dtd. 2/6/2004 is insufficiently stamped and unregistered, so, the said document is inadmissible in the evidence but the trial Court dismissed the application filed by the defendant. Learned counsel further submits that it is an admitted position that the said document is insufficiently stamped and unregistered, so the trial Court had to impound the said document and it should have send the so-called agreement to the Collector (Stamps) for determination of the stamp duty and penalty thereon.

(3.) Learned counsel for the respondents has opposed the arguments advanced by counsel for the defendant.