1989 Supreme(Raj) 84
M.C.JAIN
Nihal Singh – Appellant
Versus
Singh Ram – Respondent
Advocates Appeared:
Rajesh Balia, for Petitioner; B.N. Calla, for Non-petitioners
MILAP CHANDRA, J.-This revison petition has been filed by the plaintiff against the order of the learned District Judge Churu dated August 28, 1987 by which an unstamped and unregistered document, paper No. 36-C 2/3, has been admitted in the evidence on the ground that it can be used for collaterial purpose. The facts of the case giving rise to this revision petition may be summarised thus. 2. The plaintiff petitioner filed a suit against the defendant non petitioners for the specific performance of an agreement for sale and in the alternative, for refund of Rs. 23,000/- with interest. The defendants admitted in their written-statements that they were indebted to the plaintiff and had executed an agreement. Their defence, is that they had repaid the substantial part of the loan by mortgaging their 25 bighas of land with Phula Ram Beniwal DW. 3 for Rs. 10,000/- & by selling their house to Tekchand for Rs. 7,000/-. On 1.3.85 Phularam D.W. 3 was produced by the defendants. During his statement, his original Bahi containing the entry regarding the said transaction of mortgage of agriculture land was tendered and its photo-stat copy, Paper No. C. 36/2-3 was filed. When it was being exhi
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