Rajesh Kumar Sahu v. Manish Humar Sahu - 2023 Supreme(Online)(MP) 27319

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(MP) 27319

MADHYA PRADESH HIGH COURT
, J
Rajesh Kumar Sahu v. Manish Humar Sahu

Advocates:
For the Appellants/Petitioners:[Counsel for petitioner]
For the Respondents:[Counsel for respondent]

Table of Content
1. challenges against trial court's order regarding document admissibility. (Para 1 , 2 , 3)
2. respondents argue for document's admissibility as a will. (Para 4)
3. court rules document is not a will but requires registration. (Para 5 , 6 , 7)
4. final ruling on document's admissibility and overturning lower court's decision. (Para 8)

1. Petitioner / defendant has filed this petition under Art.227 of the Constitution of India challenging the order dated 20.09.2019 (Annexure P / 1) passed by the trial court in Civil Suit No. 05 - A / 2014 whereby the objection raised by the petitioner / defendant before the court for not taking the document i.e. Annexure P / 2 on record because it is not admissible in law as it was unregistered and not duly stamped, has been rejected.

2. Learned counsel for the petitioner submits that the trial court considered the objection raised by the defendant and also heard the counsel for the plaintiff and finally passed the impugned order saying that document in question is nothing but a Will and therefore it is not required to be registered and also not required to be stamped, therefore the objection raised by the defendant has been rejected by