GANGARAM Vs. PRASHANT SINGH

JUDGEMENT

(1.) The instant petition under Article 227 of the Constitution of India has been filed by the defendant-petitioner against the order dated 27.8.2016 passed by the Additional District Judge, Sawai Madhopur (hereinafter referred to as the 'learned trial Court') in Civil Suit No. 106 of 2012 titled as Prashant Singh and Another v. Gangaram and Others, whereby the learned trial Court has dismissed the application filed by the defendant-petitioner under Order 13, Rule 3 of CPC.

(2.) Material facts necessary for disposal of this petition are that the plaintiff-respondents No. 1 and 2 filed a civil suit before the learned trial Court for specific performance of agreement and permanent injunction. At the stage of plaintiff's evidence, the defendant-petitioner filed an application under Order 13, Rule 3 of CPC stating therein that the agreement dated 3.3.2009 is irrelevant and inadmissible in evidence, as the same is unregistered and insufficiently stamped. The plaintiff-respondents opposed the application by filing reply thereto. After hearing learned counsel for the parties, the learned trial Court dismissed the application filed by the petitioner observing that the said agreement is scripted on stamp of Rs. 100/- and as the possession of the property was not handed over to the plaintiffs, therefore, the stamp duty is sufficient.

(3.) Being dissatisfied with the impugned order, the petitioner has approached this Court by way of this petition.