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1996 Supreme(Raj) 578

P.C.JAIN
Jamna Bai – Appellant
Versus
Tulsi Ram – Respondent


Advocates Appeared:
Suresh Kumbhat and B.K. Bhatnagar, for the Appellant
J. Gehlot, for the Respondents

Judgment

P.C. Jain, J.-The plaintiff-petitioner has filed this revision petition under Section 115, CPC against the order dated 18-7-96 passed by Shri Pratap Singh, civil Judge (J.D.), North Udaipur in civil Original Suit No. 142/90 by which the learned Civil Judge held that the document in question (Agreement to Sale dated 28-1-90) though not registered and properly stamped could be used by the defendant for the colateral purpose.

2. The plaintiff-petitioner filed a suit against the non-petitioner-defendant for permanent injunction in the trial Court. She averred that she has been in possession of residential plots Nos. 3 and 4 in Sundawas Area of the City of Udaipur in which boundary wall has been constructed around the above plots. The plaintiff further alleged that the defendant was interfering in her peaceful possession and enjoyment. She, therefore, prayed that the defendant be restrained by permanent injunction from interfering with her peaceful and lawful possession. The defendant contested the suit and filed written statement. Issues were framed. The evidence of the plaintiff has also been concluded. When the evidence of the defendant commenced, the defendant wanted to pro










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