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SANJAY VASHISTH
Malkiat Singh – Appellant
Versus
Nitesh Kumar – Respondent
JUDGMENT :
SANJAY VASHISTH, J.
1. Present revision petition has been filed by the petitioner/defendant challenging the order dated 30.07.2021(Annexure P-5), passed by the Court of learned Civil Judge (Jr. Division) Ludhiana, whereby the application under Order VII Rule 11 of Civil Procedure Code (C.P.C), for rejection of plaint of respondent/plaintiff- Nitesh Kumar, has been dismissed.
2. On the basis of the alleged written document dated 17.12.2018 claiming it to be an agreement to sell, plaintiff filed a suit for possession and specific performance. Petitioner-defendant filed an application under Order VII Rule 11 C.P.C. for rejection of the plaint primarily on the following grounds:
(iii) The suit is barred as the alleged agreement dated 17.12.2018 set up by the Respondent/Plaintiff is inadequately stamped & unenforceable.
(iv) The suit is barred as the alleged agreement dated 17.12.2018 set up by the Respondent/ Plaintiff is unregistered and unenforceable.
(v) The alleged agreement dated 17.12.2018 set up by the Respondent/ Plaintiff is completely contradicto
An unregistered document can be admissible in a suit for specific performance, and a plaint cannot be rejected solely on the grounds of non-registration or insufficient stamp duty without trial evide....
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
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.
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
An unregistered document can be received in evidence for collateral purposes, such as proving possession of the property, under the proviso to Section 49 of the Registration Act, 1908, provided that ....
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