1. Rule with the consent of the parties made returnable forthwith and heard.

2. The Writ Jurisdiction of this Court under Article 226 of the Constitution of India has been invoked against the order dated 3-1-2013 passed by the Learned Civil Judge Senior Division, Pune, by which order, the application Exhibit 55 filed by the Petitioner for exhibiting the Agreement to Sale dated 31-1-2005, came to be rejected. The said rejection was inter-alia on the ground that the same was not properly stamped and in view of Section 34 of the Bombay Stamp Act, the same was not therefore admissible in evidence.

3. The factual matrix involved in the above Petition can be stated in brief thus:

The Petitioner herein is the original Plaintiff and the Respondents herein are the original Defendants to the Suit in question being Special Civil Suit No.904 of 2005. The said Suit has been filed by the Petitioner for specific performance of the agreement for sale dated 3112005 in respect of new Survey No.36 Hissa No.4+5/2, New Survey No.41 Hissa No.5/2 and New Survey No.41 Hissa No.5/5 situated at Village Fursungi Taluka Haveli, District Pune. It is the case of the Plaintiff that the Defendants were i