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2014 Supreme(Raj) 648

BELA M.TRIVEDI
Gopal – Appellant
Versus
Additional District Judge No. 3, Jaipur District – Respondent


Advocates Appeared:
For the Petitioners:Ajeet Bhandari, Advocate
For the Respondent:Sandeep Bhagwati, Advocate, Kapil Bardhar, Advocate

JUDGMENT :

Bela M. Trivedi, J.

The present writ petition has been filed by the petitioners-plaintiffs, challenging the order dated 09/04/2013 passed by the Additional District Judge No. 3, Jaipur District, Jaipur (hereinafter referred to as 'the Trial Court') in Civil Suit No. 72 of 2012 (293 of 2006), whereby the Trial Court has dismissed the application of the petitioners filed under Section 90 of the Evidence Act, for drawing the presumption in respect of the document dated 21/09/1957.

2. After arguing for sometime, the learned counsel Mr. Ajeet Bhandari, for the petitioners submits that the original of the document is lying with the Revenue Court in some other proceedings, and the petitioners will have to get back the said original document for being produced before the Trial Court, and that the petitioners are also ready and willing to pay the requisite stamp duty and penalty required to be paid under the Rajasthan Stamp Act, for the said document being read in evidence.

3. The learned counsel for the respondent Nos. 2 to 4 Mr. Sandeep Bhagwati and Kapil Bardhar, however, submit that the document in question was found to be a suspicious document by the Revenue Court. They also sub




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