Dulichand Ahirvar S/O Shri Sarman ... vs Satya Prakash S/O Shri Chhitar Lal
2022 Latest Caselaw 7760 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 14315/2022

Dulichand Ahirvar S/o Shri Sarman Lal, Aged About 51 Years,
R/o 140, New Gopal Bihar, Police Lines, Kota (Raj.) through
Power of Attorney-Shri Makkhan Lal Mittal S/o Late Shri
Ramsukh Mittal, Age About 71 Years, R/o 140, New Gopal Vihar,
Police Lines, Kota (Raj.)
                                              ----Petitioner/Defendant No.4
                                    Versus
1.     Satya Prakash S/o Shri Chhitar Lal, age about 55 years,
       R/o- Kishanpura Takiya, Tehsil Ladpura, District Kota
       (Raj.)
                                               ----Respondent No.1/Plaintiff

2. Chetan Prakash S/o Shri Onkar Lal, R/o- Kishanpura Takiya, Tehsil Ladpura, District Kota (Raj.)

----Respondent No.2/Defendant No.2

3. Bapu Lal S/o Shri Ramlal Ji, R/o- Bhesonda Mandi, Tehsil Bhanpura, District Mandsore (Madhya Pradesh)

----Respondent No.3/Defendant No.2

4. Ramchandri W/o Shri Onkar Lal, R/o- Kishanpura Takiya, Tehsil Ladpura, District Kota (Raj.)

----Respondent No.4/Defendant No.3

5. Smt. Vimla Bai W/o Shri Balram Ji, R/o- H.No.802, R.K.

Puram, Kota, District Kota (Raj.)

----Respondent No.5/Defendant No.5

6. Mukesh Kumar S/o Shri Babulal, R/o- 146, Khatiko Ki Gali Ki Basti, Roteda, Tehsil Keshoraipatan, District Bundi (Raj.)

----Respondent No.6/Defendant No.6

7. State Of Rajasthan, Through Tehsildar Ladpura, District Kota

----Respondent No.7/Defendant No.7

For Petitioner(s) : Mr.Samarth Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

(2 of 2) [CW-14315/2022]

12/12/2022

Learned counsel for the petitioner submitted that by

impugned order dated 19.08.2022, the Court below has allowed

the application of the respondents filed under Section 65(C) of the

Indian Evidence Act, 1872 and photostat copy of an agreement

has been allowed to be led in evidence.

Learned counsel submitted that photocopy of a

document which did not have registration as well as proper stamp

duty, cannot be taken even as the secondary evidence.

Learned counsel for the petitioner places reliance on a

judgment of the Apex Court in the case of Jupudi Kesava Rao

Vs. Pulavarthi Venkata Subbarao and Others reported in

[(1971)AIR SC 1070] and order passed by a Coordinate Bench

of this Court in the case of Durga Shankar Bareth Vs. Shayam

Lal & Ors. in S.B. Civil Writ Petition No.5511/2021, on

19.09.2022.

Issue notice of the writ petition as well as stay

application, returnable on 20.01.2023. Notices be given 'dasti', if

prayed.

This Court, as an interim measure, directs that the

Court below will not proceed in pursuance of order dated

19.08.2022 passed by it.

(ASHOK KUMAR GAUR), J

Himanshu Soni/29

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