BHANWAR LAL Vs. GOPAL LAL

JUDGEMENT

(1.) Instant writ petition is directed against order dated 15.12.2018, passed by the learned Senior Civil Judge, Chhoti Sadri, Pratapgarh (hereinafter referred to as 'the Trial Court'), vide which it has held the agreement dated 20.05.1997 to be inadmissible in evidence.

(2.) Succinctly stated, the facts appertain are, that the petitioner-plaintiff filed a suit for specific performance of an agreement dated 20.05.1997. During the proceedings, an objection was raised by the defendant in relation to admissibility of said document as the same was neither appropriately stamped nor was it registered.

(3.) The Trial Court, vide its order dated 15.12.2018, sustained the objection so raised by the defendant and held the subject document to be inadmissible in evidence, while relying upon the judgment of Hon'ble the Supreme Court, rendered in the case of Avinash Kumar Chouhan Vs. Vijay Krishna Mishra [AIR 2009 SC 1489].