VEDPRAKASH RATHOR Vs. MUNSHIRAM JATTAV

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 12.2.2019 whereby the application submitted by the defendant for not allowing the petitioner-plaintiff to mark exhibit on the documents i.e. agreement to sell submitted by the plaintiff-petitioner, was allowed and also against the order dated 13.3.2019 whereby the agreement to sell was ordered to be kept in D part of the file while allowing the application submitted by the defendant.

(2.) Brief facts of the case are that the petitioner-plaintiff filed a suit for specific performance of the contract and during pendency of the suit, he submitted the agreement to sell before the learned Trial Court and the respondent-defendant raised objection that since the agreement to sell is not duly stamped, the same cannot be marked as exhibit and the same be kept in D part of the file. Both the applications were allowed by the Trial Court vide orders dated 12.2.2019 and 13.3.2019. Hence, the present writ petition has been filed by the petitioner-plaintiff against the order dated 12.2.2019 and 13.3.2019.

(3.) Counsel for the petitioner submitted that the Court was duty bound to send the document to the Collector Stamps for the purpose of stamp duty.