HIGH COURT OF MADHYA PRADESH
Hirdesh, J
Anupam Mittal – Appellant
Versus
Fariyad Ansari – Respondent
MISC. PETITION No. 6774 of 2025
This Miscellaneous Petition has been filed under Article 227 of the
Constitution of India by the petitioners (defendants) challenging the order
dated 19.11.2025 passed by the First District Judge, Sheopur, in Regular
Civil Suit No. 138-A of 2023.
2. In brief, the facts giving rise to the present petition are that the
respondent-plaintiff filed a suit for specific performance of contract,
permanent injunction, and recovery of amount, based on a sale agreement
dated 25.01.2023. The agreement was executed between the plaintiff and the
defendants- petitioners for the sale of agricultural land for a total
consideration of Rs.1,50,00,000/-. The plaintiff paid an advance of Rs.
10,00,000/-, but the defendants failed to execute the sale deed. The
petitioners filed a written statement denying the plaint averments and raised
an objection regarding the admissibility of unregistered sale agreement. The
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 2/6/2026
10:59:48 AM
NEUTRAL CITATION NO. 2026:MPHC-GWL:4573
2 MP-6774-2025
petitioners contended that agreement, being unregistered, could not be
admitted into evidence as per Section 17(f) of the Registration Act, 1908.
Petitioners objected to the trial Court’s decision to address this objection
during plaintiff’s chief examination.
3. It is contended on behalf of petitioners that the impugned order
passed by the trial Court is illegal and contrary to law. The objection
regarding the unregistered agreement was a distinct issue and should have
been decided separately before proceeding with evidence. The trial court
erred in addressing the objection during the chief examination of the
plaintiff, without affording them an adequate opportunity to present their
case. They further claim that the unregistered agreement is inadmissible in
evidence, and the impugned order has caused serious prejudice to them.
4. On the other hand, learned counsel for respondent argues that the
objection raised by petitioners is without merit. The plaintiff’s suit is based
on the execution of agreement, and the refusal of defendants to execute the
sale deed is central to the matter. The trial Court correctly addressed
objection during the chief examination of plaintiff. The issue regarding the
admissibility of documents can be raised at a later stage, and the trial Court
has the discretion to decide whether to admit the document during trial. The
respondent, therefore, seeks dismissal of the petition.
5. After hearing both parties and perusing the impugned order along
with the relevant documents, it is found that the core issue in the present case
case pertains to admissibility of unregistered sale agreement. The petitioners
raised objections under Section 17(f) of the Registration Act, 1908,
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 2/6/2026
10:59:48 AM
NEUTRAL CITATION NO. 2026:MPHC-GWL:4573
3 MP-6774-2025
contending that unregistered agreement was inadmissible in evidence.
However, the trial Court rightly relied on the proviso to Section 49 of the
Registration Act, which allows unregistered documents to be admitted as
evidence in specific performance cases. Furthermore, the document was
impounded in accordance with law, and possession of the property was not
delivered under the agreement. The trial Court did not commit any legal
error or procedural irregularity in exhibiting the document. There is no
ground for interference, as the trial Court has correctly followed the legal
principles.
6. In light of above discussion, Miscellaneous Petition fails and is
hereby dismissed. No order as to costs.
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