S.K. MAL LODHA, J.—Respondent No. 1 (Plaintiff-non-petitioner No. 1) instituted a suit for redemption of mortgage dated April 14, 1954. The suit was filed against the legal representatives of the deceased mortgagee Ratanlal. The appellants (Defendant petitioners) are sons of Ratanlal. The suit was contested by the defendants (petitioners). Their case was that they had undertaken the repairs with the concurrence of the plaintiff-mortgagor in the years 1958,1961,1965 and 1971. They obtained receipts for the amounts spent by them on repairs from the plaintiff-non-petitioner No. 1. These receipts were filed alongwith the written statement and the amount involved is Rs. 5500/-. The receipts produced by the defendant-petitioners were unstamped. The learned Civil Judge, Jodhpur, by his order dated November 12, 1980, held that by virtue of s. 35 of the Stamp Act as existed then, these receipts cannot be admitted in evidence The defendant-petitioners filed a writ petition under Arts. 226 and 227 of the Constitution of India seeking to quash the order dated November 12, 1980 of the learned Civil Judge, Jodhpur. During the course of hearing of the writ petition, a preliminary objection was ra

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