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2005 Supreme(Raj) 684

GOVIND MATHUR
Shree Gopal – Appellant
Versus
Additional Civil Judge (JD) No. 8, Jodhpur – Respondent


Advocates Appeared:
Mr. L.R. Calla, for the Petitioner.
Mr. M.R. Singhvi, for the Respondents.

Judgment

Govind Mathur, J.-These two writ petitions are arising out of the order dated 19.04.2004 passed by Additional Civil Judge (JD) No. 8, Jodhpur. By order impugned learned Additional Civil Judge decided two issues in original civil suits No. 14/02 and 38/02 with regard to admissibility of a document in evidence.

2. In a suit for permanent injunction bearing No. 14/02 an issue was framed by the trial Court as

under:-"Whether "Kabuliat being unstamped is inadmissible in evidence as also it being unregistered is also inadmissbile in evidence?"

3. The issue was framed by the Court as the petitioner defendant alongwith written statement submitted a document to prove his ownership and possession over the property in question. The petitioner defendant termed the said document as "Kabuliat" executed by Shri Hijulal, father of plaintiff respondent No. 2 Shri Dwarkalal.

.4. In a suit for redemption of mortgage bearing No. 38/02 the same document was filed by the plaintiff petitioner to substantiate the contention that in samvat year 1989 Shri Mohanlal, father of the petitioner, borrowed a sum of Rs. 125/-as loan from Shri Hijulal. Shri Hijulal made an endorsement at the bottom of "Kabu



























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