RAMESH KUMAR AND ANR. Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) The petitioners-defendants have filed the present petition, challenging the order dated 04.07.2013 passed by the Additional District Judge, Chomu, Jaipur (hereinafter referred to as "the trial court") in Civil Suit No.45/08, whereby the trial court has rejected the application of the petitioners-defendants under Order 13, Rule 10 read with Order 11, Rule 12 of CPC for summoning the record relating to the forged stamp No.3498 dated 10.03.1993 used by the respondent-plaintiff for preparing the agreement to sell dated 20.03.1993.

(2.) After having heard the learned counsels for the parties, it appears that the respondent-plaintiff has filed the suit seeking specific performance of the agreement dated 20.03.1993 against the petitioners-defendants. In the said suit, the petitioners had filed the application alleging interalia that the stamp number 3498 dated 10.03.1993, on which the agreement was allegedly executed, was a forged one and therefore the record relating to the said stamp be called for from the concerned authority. The said application has been dismissed by the trial court vide the impugned order. Since it will be a matter of evidence as to whether the said stamp paper used by the respondent-plaintiff while executing the agreement to sell was forged one or not, without expressing any opinion on the same, it is directed that the petitioners-defendants shall be at liberty to lead the evidence in that regard, and that the trial court shall decide the said issue without being influenced by the observations made by it in the impugned order.

(3.) Subject to the afore stated direction, the present petition stands disposed of. By this order, the stay application and other pending application if any, also stand disposed of. Petition disposed of.