SUBODH ABHYANKAR
KISHANALAL – Appellant
Versus
ASHOK KUMAR – Respondent
JUDGMENT :
1. This order shall govern the disposal of M. P. No. 6310/2022, and M. P. No. 904/2023 as both the misc. petitions filed under Article 227 of the Constitution of India, have arisen out of the order dated 22-11-2022, passed in case No. RCSA/57/2020 by the First Civil Judge, Kannod, District Dewas (M.P.).
2. The Misc. Petition No. 6310/2022 has been filed by the defendant, whereas, the Misc. Petition No. 904/2023 has been filed by the plaintiff. In brief, the facts of the case are that the respondent/plaintiff has filed a suit for specific performance of agreement dated 14-6-2018, against the defendant, in which, the plaintiff’s evidence is being recorded and when the agreement dated 14-6-2018 was being exhibited in the trial Court, an objection was raised by the defendant that the same cannot be exhibited for the reason that it is neither properly stamped nor it is registered. The aforesaid objection of the defendant has been rejected by the learned Judge of the trial Court holding that the agreement is written on stamp papers of Rs. 1,000/- which is proper stamp duty. So far as the objection regarding registration of the document is concerned, it is held that since the agr
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