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2021 Supreme(Raj) 1627

PRAKASH GUPTA
Ravishankar Bawaliya – Appellant
Versus
Vijay Kumar Bawaliya – Respondent


Advocates appeared:
Mr. B.L. Agarwal, Advocate, Mr. Amit Gupta, Advocate, Mr. Akash Gupta, Advocate, for the Appellant; Mr. Sudesh Bansal, Advocate, Mr. Mohd. Adil, Advocate, Mr. Arun Singh Shekhawat, Advocate, for the Respondent.

JUDGMENT

1. The instant Writ Petition under Article 227 of the Constitution of India has been preferred against the order dated 19.11.2019 passed by the learned court below whereby the learned Court below allowed the application filed by the Respondents-defendants filed under Order 13 Rules 3, 4 and 6 of the Civil Procedure Code and held the Sale Deed executed in the year 1884 to be inadmissible in evidence.

2. The brief facts giving rise to the instant Writ Petition are that the Petitioners-Plaintiffs had filed a suit for Partition and Permanent Injunction with respect to an immovable property situated at Nehru Market, Jhunjhunu. It was averred by the Petitioners-Plaintiffs that the aforementioned property was purchased by them jointly with the predecessors of the parties through Sale Deed executed in the year 1884, for a total sale consideration of Rupees 300/-. The Respondents-defendants denied the execution of the aforementioned Sale Deed and also took a specific objection that being an unregistered and insufficiently stamped document, the Sale Deed in question was not admissible in evidence.

3. During the pendency of the suit, the Respondents-Defendants filed an application under

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