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RAJASTHAN HIGH COURT
Dinesh Mehta, J.
Lal Singh - Appellant
Versus
Bhanwar Singh - Respondent
S.B. Civil Writ Petition No. 13959 of 2019
Decided On : 03-02-2021
STAMP DUTY - ADMISSIBILITY OF DOCUMENTS - The court emphasized that the determination of appropriate stamp duty does not fulfill the requirement of registration, which is essential for a document's admissibility in evidence. The trial court's error in rejecting the petitioner's applications regarding the admissibility of an unregistered document was highlighted, leading to the restoration of those applications for fresh consideration.
Fact of the Case:
The petitioner challenged the trial court's order rejecting applications related to the admissibility of a document in a suit for cancellation of a Will and partition deed. The respondent had filed an application under the Rajasthan Stamp Act, while the petitioner sought to return the document for lack of registration.
Finding of the Court:
The court found that the trial court erred in rejecting the petitioner's applications, clarifying that even if stamp duty is paid, a document requiring registration remains inadmissible if unregistered.
Issues: Whether the trial court correctly rejected the applications concerning the admissibility of the document based on the requirements of the Rajasthan Stamp Act and the Registration Act.
Ratio Decidendi: The court established that the requirement of registration is a prerequisite for the admissibility of a document, and the determination of stamp duty does not substitute for this requirement.
Result: The writ petition was allowed, the trial court's order was set aside, and the applications were restored for fresh consideration.
JUDGMENT :
1. By way of the present writ petition filed under Article 226/227 of the Constitution of India, the petitioner has laid challenge to the order dated 31.08.2019.
2. The facts relevant for the present purposes are that the respondent-plaintiff had filed a suit for cancellation of Will dated 27.01.2011 and to pass a decree in terms of partition deed (Bantwara) dated 05.12.2002.
3. In the suit so filed by the plaintiff-Bhanwar Singh (respondent herein), an application came to be filed on 27.10.2017 by the plaintiff- respondent himself under section 47(A) of the Rajasthan Stamp Act, 1998. Two applications of even date (06.02.2018) under Section 39 of the Stamp Act and Section 17 of the Registration Act were filed by the defendant (petitioner herein) praying that the document be returned as the same is not admissible in evidence for want of registration.
4. The learned Trial court by way of the impugned order dated 31.08.2019, rejected petitioner's applications dated 06.02.2018 in wake of order already passed on application under Section 47(A) of the Stamp Act. The trial Court considered them to be irrelevant.
5. The present petitioner has approached this Court with a case that the Trial Court has erred in rejecting petitioner's applications dated 06.02.2018.
6. Heard.
7. In considered opinion of this Court, determination of appropriate stamp duty of a document, does not meet with the requirement of the registration, which is pre-cursor for admissibility of a document. Even if stamp duty is paid after impounding, the document can be inadmissible if it requires registration and is unregistered.
8. This being the position, the learned trial Court has committed an error in rejecting the applications dated 06.02.2018 (Annex.8 & 10).
9. The writ petition is, therefore, allowed. The order dated 31.08.2019, passed by the trial Court to the above extent is set aside. The applications dated 06.02.2018 is restored to the dockets of the Trial Court for consideration afresh.
10. The learned trial Court shall consider the applications dated 06.02.2018 afresh or frame issue in relation to admissibility of the document under consideration and decide the suit, in accordance with law.
11. Needless to observe that this Court has not pronounced upon requirement of registration of the document under consideration. Any observation made herein shall not come in way of the trial Court in deciding the requirement of registration, which shall obviously be done, at appropriate stage obviously, in accordance with law.
12. Stay application also stands disposed of accordingly.
The admissibility of a document in court is contingent upon its registration, regardless of the payment of stamp duty.
Admissibility of unregistered documents affecting immovable property and the requirement for sufficient stamp duty under the Rajasthan Stamp Act, 1998.
The main legal point established in the judgment is that the proviso to Section 49 of the Registration Act, 1908, allowing unregistered documents to be admitted as evidence, is limited to specific pe....
Objections to the admissibility of evidence must be raised at the final arguments stage after a document has been exhibited, as per the procedural fairness principle.
Failure to adhere to the statutory time limit for document registration under Section 23 of the Registration Act voids any right to seek registration, regardless of payment of stamp duty.
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