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2013 Supreme(Raj) 386

VEERENDR SINGH SIRADHANA
Prembai – Appellant
Versus
Khurshid Bano – Respondent


Advocates Appeared
Sanjay Mehrishi, for Petitioner;
Salim Khan on behalf of Tanveer Ahmed, for Respondents

Hon'ble SIRADHANA, J.—The petitioner/defendant (for short 'the petitioner'), in the instant writ application, has projected a challenge to the order dated 6th August, 2010 passed by the learned Trial Court declining her application under Order 8 Rule 1(3) read with Section 151 of the Code of Civil Procedure (for short 'CPC').

2. Briefly, the essential material facts necessary for appreciation of the controversy raised are: that on 22.2.2010, the petitioner filed an application under Order 8 Rule 1(3) read with Section 151 CPC, for placing on record the sale deed dated 7.3.2005, executed by one Rafiq Bhai (predecessor-in-title of plaintiff-non-petitioner number 1 and 2), after closing of the evidence of the respondent/plaintiff (for short 'the respondent') on 28.8.2009. The matter was posted for evidence of the petitioner on 18.9.2009. The respondents/plaintiffs resisted the application stating that the document which is sought to be brought on record, is the sale deed, which was neither executed on sufficient stamp duty nor the same was registered and therefore, the same is inadmissible in evidence. The learned Trial Court dismissed the said application vide impugned order dated 6.8

















































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