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2023 Supreme(MP) 346

SUBODH ABHYANKAR
Suraj – Appellant
Versus
Khuman – Respondent


Advocates:
Nitin Phadke for petitioner;
Shailendra Shrivastava for respondent No. 1.
.

ORDER

1. Heard finally, with the consent of the parties.

2. This petition has been filed by the petitioner/defendant No.1 under Article 227 of the Constitution of India against the order dated 5.4.2022, passed in Civil Suit No.54-A/2016 by Civil Judge, Junior Division, Thandla, District-Jhabua (M.P.) whereby the document of relinquishment filed by the plaintiff during the course of evidence has been allowed to be admitted. The objection on behalf of defendant No.1 in respect of the aforesaid document was that the document is a deed of relinquishment and requires to be compulsorily registered and was used by the plaintiff for the main purpose of the petition and was not for the collateral purposes. The aforesaid objection was rejected by the learned Judge of the Trial Court vide impugned order dated 5.4.2022, holding that since the document has already been duly stamped after it was impounded and since there is no bar that it cannot be used for collateral purposes, it is admissible under proviso of section 49 of the Registration Act, 1908.

3. Counsel for the petitioner has also drawn the attention of this Court to the deed of relinquishment, in which the defendant No.1 has absolutely r

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