IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 19 OF JANUARY, 2026 MISC. PETITION No. 7597 of 2025 DINESH GUPTA AND OTHERS Versus CHHAJJURAM BAMBA Appearance:

Shri Om Prakash Dwivedi - Advocate for the petitioners.

ORDER By way of present petition challenge is made to the order dated

08.12.2025 passed by the trial court whereby the application under Section 33 of Indian Stamp Act filed by the present petitioner/plaintiff has been rejected by the trial court.

2. The further challenge is made to the refusal of the trial court on deposition sheet to exhibit the photocopy of questioned agreement to sale.

3. It is the case of the plaintiff/plaintiff that a suit has been filed for declaration and permanent injunction on the basis of an agreement to sale and earlier an application was filed under Section 65 of Indian Evidence Act which was allowed by the trial court on 22.10.2024 permitting the petitioner/plaintiff to lead secondary evidence of agreement to sell on the basis of its photocopy. However, when the said document was sought to be exhibited in evidence an objection was taken by the defendant that the said document is insufficiently stam