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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Om Prakash – Appellant
Versus
Bhanwar Lal – Respondent
ORDER :
1. Despite service, none appears for the respondents.
2. The present two writ petitions arise out of the same suit proceedings and hence, are being heard together and decided by this common order.
3. The facts as averred in the plaint by the plaintiff-petitioner are that two residential plots were purchased by the parents of the plaintiff and defendants No.8 to 10 vide agreements to sell dated 22.07.1980. However, the possession of the said plots was forcibly taken by defendants No.1 to 5. Hence, the present suit for declaration, possession and mandatory injunction was filed.
4. On 03.12.2012, an application under Order VII Rule 14(3), CPC was filed by the plaintiff petitioner with a prayer to take the original agreements to sell dated 22.07.1980 on record. It was submitted in the application that although the photocopies of the said agreements were annexed along with the plaint but as the original documents had been furnished for blueprints qua patta inquiry, they could not be placed on record along with the plaint. The said agreements being the whole basis of the suit, were prayed to be taken on record.
5. Vide order dated 01.03.2014, the learned Additional District Judge, Suj
Documents not duly stamped must be impounded by the court, and parties can cure defects by paying the necessary stamp duty to make them admissible.
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
The trial court must adhere to the provisions of the Indian Stamp Act and the Rajasthan Stamp Act regarding the impounding of inadequately stamped documents and cannot exceed its jurisdiction by addr....
The trial Court has discretion to deny document production in a specific performance case; unregistered agreements can serve as evidence if possession was not delivered.
The central legal point established in the judgment is the requirement to consider the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908 in determining the admissibility of agre....
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