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DINESH MEHTA
Lal Singh – Appellant
Versus
Bhanwar Singh – Respondent
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 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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