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1977 Supreme(Raj) 21

GUPTA
Mehboob Alam – Appellant
Versus
Nasira Begum – Respondent


Advocates Appeared:
A.K. Bhandari, for Petitioners; V.K. Bandhu, for Respondents

GUPTA, J—This revision petition has been filed by the defendants against the order passed by the Civil Judge, Jaipur City, dated April 27, 1976 by which he held that the document dated December 25, 1961 produced by the defenda-ants was compulsory registrable under the provisions of section 17 of the Indian Registration Act and was inadmissible in evidence on account of the provisions of section 49 thereof. An objection has been taken by the learned counsel for the opposite party that the revision application is not maintainable under section 115, C.P.C. in view of the decision of a Full Bench of this court in Harakchand vs. The State of Rajasthan (1). In Harakchands case (1) the question of admissibility of a document in evidence on the ground of Non-registration thereof was raised before the trial court who rejected the objection and held that the document was admissible in evidence, holding that the same was not compulsory registrable. The Full Bench of this court made the following observations:—

"In this case it has been argued before us that by wrongly construing a document, the trial court held that it was admissible in evidence, while on a proper construction of document, it





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