Smt. Pushpa Victor W/O Late Shri ... vs Raju S/O Sh. Phool
2022 Latest Caselaw 7440 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 8902/2022

Smt. Pushpa Victor W/o Late Shri Victor, Aged About 80 Years,
R/o Chooli Ki Bagichi, Near Bangla Colony, Plot No. 98, Gangapur
City.
                                                                     ----Petitioner
                                     Versus
1.        Raju S/o Sh. Phool, Aged About 45 Years, R/o Behind
          Railway Primary School, Railway Out House, Gangapur
          City, At Present Chooli Ki Bagichi, Gangapur City.
2.        Smt. Draupati Devi W/o Sh. Phool S, R/o Behind Railway
          Primary School, Railway Out House, Gangapur City, At
          Present Chooli Ki Bagichi, Gangapur City.
                                                                  ----Respondents

For Petitioner(s) : Mr. Keshav Kumar Agrawal, Adv.

Mr. Sonu Kumar, Adv.

For Respondent(s) : Mr. Nikhlesh Katara, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

ORDER RESERVED ON :: 21.11.2022

ORDER PRONOUNCED ON :: 23.11.2022

This Civil Writ Petition has been filed by the petitioner under

Article 227 of the Constitution of India against the order dated

06.05.2022 passed by Magistrate, Village Court, Gangapur City in

Civil Suit No.05/2019 by which learned Magistrate has ordered

that documents Exhibit-16 and Exhibit-18 are not admissible in

evidence.

Learned counsel for the petitioner submits that petitioner

had filed the civil suit against the respondents for declaration and

permanent & mandatory injunction. Learned counsel for the

petitioner also submits that after framing of the issues, trial court

(2 of 3) [CW-8902/2022]

started to take the evidence of the petitioner. Learned counsel for

the petitioner also submits that during the petitioner/plaintiff

evidence, two unregistered documents were exhibited as exhibit-

16 and exhibit-18. At that time, learned counsel for the

respondents opposed the admissibility of these documents. Trial

court vide order dated 29.05.2019 ordered that objection of the

respondents would be decided at the time of final arguments.

Learned counsel for the petitioner also submits that respondents

had challenged the said order before this court. This Court vide

order dated 12.02.2020 directed the trial court to decide the

objection before the final arguments. Learned counsel for the

petitioner also submits that trial court had not complied the order

of this Court and decided the admissibility of these documents

during the evidence and directed not to read these documents in

the evidence on account of their non-registration. Learned counsel

for the petitioner also submits that these unregistered documents

can be admissible for collateral purposes. So, order of the trial

court dated 06.05.2022 be set aside.

Learned counsel for the petitioner has placed reliance upon

the following judgments : (1) Prakash Sahu Vs. Saulal & Ors.

in Civil Appeal No(s)6772/2019 (SLP (C) 34778/2016)

decided on 02.09.2019; (2) Sita Ram Bhama Vs. Ramvatar

Bhama reported in AIR 2018 SCC 3057; (3) Bondar Singh &

Ors. Vs. Nihal Singh & Ors. reported in (2003) 4 SCC 161 and

(4) Ramesh & Anr. Vs. Jagan & Ors. in S. B. Civil Writ

Petition No.3967/2022 decided on 23.03.2022.

Learned counsel for the respondents has opposed the

arguments advanced by learned counsel for the petitioner and

(3 of 3) [CW-8902/2022]

submitted that petitioner/plaintiff had filed a civil suit for

declaration. These documents are the basis of suit by which

possession was transferred to the petitioner. So, these documents

should be compulsorily registered. So, trial court rightly ordered

for non-admissibility of these documents. So, petition be

dismissed.

Learned counsel for the respondents has placed reliance

upon the judgment of this Court in Mr. Shakeel Khan Vs. Shri

Manoj Jadam & Ors. (S.B. Civil Writ Petition No.6168/2022)

decided on 07.05.2022.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondents.

It is an admitted position that petitioner had filed a suit for

declaration. These documents are the basis of the suit. It is also

admitted position that possession was transferred by these

unregistered documents. So, as per Section 49 of Registration Act,

1908, these unregistered documents are not admissible in the

evidence. So, in my considered opinion, trial court rightly

disallowed these documents on account of inadmissibility. So,

present petition is being devoid of merits and liable to be

dismissed.

Therefore, the Civil Writ Petition stands dismissed.

All the pending applications also stand disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /74

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