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2022 Supreme(Raj) 2887

SAMEER JAIN
Hanuman Prasad – Appellant
Versus
Ramswaroop – Respondent


Advocates Appeared:
Mr. Nitin Jain through VC, for the Appellant; Mr. A.K. Pareek through VC, for the Respondent.

JUDGMENT

1. Being aggrieved by order dated 06.10.2015 passed by the learned Additional District Judge, Sawaimadhopur in Civil Suit No.52/2007 (23/2006), whereby the application filed by the plaintiff/petitioner u/s 33, 35, 37 and 38 of the Rajasthan Stamp Act, 1998 (hereinafter referred to as ’the Act of 1998’) was dismissed and further being aggrieved by order dated 30.05.2014, whereby the documents exhibit dated 26.07.1971 being unstamped and unregistered, were refused to be marked as exhibits. Hence,the present writ petition is filed under Article 227 of the Constitution of India.

2. Facts of the case are that the plaintiff/petitioner filed a suit for declaration, permanent injunction and cancellation of sale deed. During course of plaintiff’s evidence, plaintiff filed an application under Section 33, 35, 37 and 38 of the Act for impounding the documents dated 26.07.1971 and also requested for marking the same as exhibits. Vide impugned orders dated 30.05.2014 and 06.10.2015, the said applications were dismissed.

3. It is submitted by Mr. Nitin Jain, counsel representing the petitioner that the learned trial court has committed error by refusing to take on record document dated 26.

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