ORDER :

Sandeep Mehta, J.

1. The matter today has come up for orders on an application preferred by the appellant's counsel Mr. G.R. Goyal under Section 39 read with Section 42 of the Rajasthan Stamps Act, 1998.

2. Brief facts relevant and essential for disposal of the present application are noted here in below. The appellant had filed a suit for specific performance of an agreement to sale dated 20.01.2006. The respondents being the alleged executants of the agreement appeared before the trial court and raised a pertinent objection made in the written statement regarding admissibility of the said document on the ground that it was insufficiently stamped and unregistered and thus, could not be admitted in evidence. Despite the pertinent objection being taken, neither was any attempt to furnish the deficit stamp duty made by the appellant herein nor was any request made to the trial court for impounding the said document and charging the stamp duty. The trial court, framed a pertinent issue No. 7 regarding this objection of the respondents. Accordingly, the trial court decreed the suit against the appellant by holding that the agreement was not admissible in evidence vide judgment and