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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE NARENDRA SINGH DHADDHA, J
SHIVANI CHATURVEDI W/O. SHRI RAJESH CHATURVEDI – Appellant
Versus
JASWANT SINGH S/O. SHRI SOHAN SINGH – Respondent
Order :
1. This Civil Writ Petition has been filed by the petitioner-defendant (for short 'the defendant') against the order dated 18.09.2017 passed by Additional Civil Judge (J.D.) & Judicial Magistrate No.1 (North), Kota in Case No.315/2001, whereby the review application filed by the defendant has been dismissed. Learned counsel for the defendant submits that respondent No.1-plaintiff (for short 'the plaintiff') filed a suit against the defendant in which defendant filed an application under Order 13 Rule 3 CPC and Stamp Act that sale agreement dated 20.01.1994 is insufficiently stamped and not registered. So, it cannot be exhibited but trial court vide order dated 22.05.2017 dismissed the application filed by the defendant on the ground that the document is already exhibited, so, it cannot be considered as inadmissible at this stage.
2. Learned counsel for the defendant also submits that trial court had committed error. As per Stamp Act , document should have been sufficiently stamped. So, order of the trial court be set aside.
3. Learned counsel for the respondent(s) has opposed the arguments advanced by learned counsel for the defendant and submits that trial court rightly di
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.
An insufficiently stamped and unregistered document is inadmissible in evidence; thus, it must be impounded by the trial Court for assessment of stamp duty and penalties.
The admissibility of a document in court is contingent upon its registration, regardless of the payment of stamp duty.
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....
The Court emphasized the power of the Authority to impound a document not properly stamped and the duty of the Court to determine the admissibility of the document based on the willingness of the par....
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