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2017 Supreme(Raj) 2443

DINESH MEHTA
BABU LAL – Appellant
Versus
MOHAN LAL – Respondent


Advocates Appeared:
For the Appellant : Rameshwar Hedau, Adv.
For the Respondent: S.M. Parihar, Adv.

JUDGMENT :

Dinesh Mehta, J.

The present writ petition has been preferred against the order dated 01.11.2017 passed by learned Additional District Judge, Balotra (hereinafter referred to as 'Trial Court') whereby the petitioner has been refused to mark exhibit on documents dated 30.01.2014 and 25.02.2005 as the same were not registered and appropriately stamped.

2. The facts, in brief, giving rise to the present writ petition are that the petitioner/plaintiff had filed a suit for specific performance of an agreement dated 25.02.2005. The petitioner had relied upon a receipt dated 30.11.2004 and sought enforcement of the agreement to sell dated 25.02.2005.

3. During the proceedings of the case, when the petitioner proceeded to mark exhibit on receipt dated 30.11.2004, evincing a payment of Rs. 3 lakhs and the agreement to sell dated 25.02.2005, the defendant raised a written objection, which came to be decided by learned Trial Court vide the order impugned.

4. While deciding the objection raised by the defendant, leaned Trial Court refused to allow the petitioner to mark exhibit on both the documents inter alia observing that the agreement in question requires registration as well as paym











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