Ramdev vs Gopal And Anr
2022 Latest Caselaw 7407 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1730/2018

Ramdev     Son      Of   Rupa       Mali,       Town      Todaraisingh,   Tehsil
Todaraisingh, District Tonk.

                                                      ----Defendant Petitioner
                                    Versus
1.     Gopal Son Of Rupa Mali, Town Todaraisingh, Tehsil
       Todaraisingh, District Tonk.
2.     Sunder Devi Wife Of Rupa Mali, Resident Of Town
       Todaraisingh, Tehsil Todaraisingh, District Tonk Raj.
                                                                 ----Respondents

For Petitioner(s) : Mr. Manoj Bhardwaj, Adv.

For Respondent(s) : None present

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

ORDER RESERVED ON :: 18.11.2022

ORDER PRONOUNCED ON :: 22.11.2022

This Civil Writ Petition has been filed by the petitioner under

Article 227 of the Constitution of India against the order dated

07.12.2017 passed by Civil Judge (Sr. Division) Todaraisingh,

District Tonk (Raj.) in Civil Suit No.40/2008 by which the objection

with regard to admissibility of the document being it unregistered

has been accepted and both the documents executed in Samvat

year 2019 and agreement to sale dated 19.09.1995 has not been

marked as exhibits.

Learned counsel for the petitioner submits that respondent

No.1 had filed a suit against the petitioner in which defendant had

filed the documents of Samvat year 2019 and sale deed dated

19.09.1995. Learned counsel for the petitioner also submits that

(2 of 3) [CW-1730/2018]

respondent No.1 objected for these documents that these are not

on proper stamp and not registered documents. Learned counsel

for the petitioner also submits that trial court vide order dated

22.03.2017 sent these documents for impounding. After that,

defendant in his evidence wanted to exhibit these documents but

respondent objected that these documents are unregistered, so,

the documents could not be exhibited in his evidence. Learned

counsel for the petitioner also submits that sub Registrar,

Todaraisingh had clearly stated that these documents are on

proper stamp. Learned counsel for the petitioner also submits that

petitioner wanted to exhibit these documents for collateral

purpose, so, there is no need of the registration. So, order of the

trial court be set aside.

Learned counsel for the petitioner has placed reliance upon

the judgment of Hon'ble Apex Court in the case of Yellapu Uma

Maheshwari & Anr. Vs. Buddha Jagadheeswararao & Ors.

reported in (2015) 16 SCC 787.

I have considered the arguments advanced by learned

counsel for the petitioner and perused the impugned order.

It is an admitted position that respondent No.1 had filed the

suit for partition in permanent injunction against the petitioner

and petitioner wanted to exhibit these documents for collateral

purpose. So, in my considered opinion, there is no need for

registration of these documents. So, order of the trial court

deserves to be set aside.

The Civil Writ Petition is allowed and the order of the trial

court dated 07.12.2017 is set aside. Trial court is directed to

exhibit these documents in the evidence of petitioner as collateral

purpose.

(3 of 3) [CW-1730/2018]

Stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /06

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