JEEVANLAL & ORS. Vs. GOVERDHANLAL & ANR.

JUDGEMENT

(1.) This writ petition under Art. 226 and 227 of the Constitution of India is directed against order dated 28.02.2014 passed by Civil Judge (Junior Division), Rajsamand, whereby, the application filed by the petitioners under Sec. 35 of the Indian Stamp Act 1899 ('the Act') and Sec. 17 of the Registration Act, 1908 ('Registration Act') has been rejected by the trial court.

(2.) The respondent filed a suit for specific performance of agreement dated 03.07.1987 against the petitioners; during the pendency of the suit, the petitioners filed an application, inter alia, indicating that the plaintiff has produced his affidavits in evidence and wanted to exhibit a document as Exhibit-1, which is not executed on sufficient stamps and which is compulsorily registrable under Sec. 17 of the Registration Act and, therefore, the document was not admissible in evidence and the plaintiff be not permitted to mark the same as exhibit.

(3.) A reply to the application was filed by the plaintiff; it was indicated that the application was not maintainable; the suit was for specific performance of the agreement, wherein, registration of the document was not necessary; the document has been executed on a stamp of Rs.5.00 on 03.07.1987, which at the relevant time was sufficient and, if the same is found as insufficient, the plaintiff was prepared to pay the penalty and, therefore, the application be rejected.