Order

16/01/2025 This civil writ petition has been filed by the petitioners-

plaintiffs (for short ‘the plaintiffs’) against the order dated 20.07.2013 passed by the Additional Civil Judge (Senior Division) No.2, Jaipur Metropolitan in civil suit No.23/2007 whereby the said court has turned down the objections raised by the plaintiff, in relation to the question put by the learned counsel for the respondents-defendants (for short 'the defendants') during the cross-examination.

Learned counsel for the plaintiffs submits that plaintiff filed a suit for permanent injunction against the defendants in which defendants have exhibited the document as Exhibit-A1, which was not properly stamped and unregistered. The plaintiffs filed an application before the trial court regarding objections of the exhibition of the document but trial court directed to deposit the compounding fee jointly vide order dated 20.07.2013. The plaintiffs further submits that the said document can't be compound by the trial court and it should be sent to the Collector (Stamps) for compounding. Learned counsel for the plaintiffs also submits that the said document was unregistered also, so it can't be exhibited in evidence. So, order dated 20.07.2013 passed by the trial court be set aside.

Learned counsel for the defendants has opposed the arguments advanced by learned counsel for the plaintiffs and submitted that defendants have deposited the compounding fee as per order of the trial court. He also submits that it is a settled proposition of law that once a document is exhibited, then it cannot be de-exhibited later on and there is no need to register it. So, trial court has rightly ordered for compounding the document. So, the present petition filed by petitioner being devoid of merit, is liable to be dismissed.

Learned counsel for the defendants has placed reliance upon the judgments passed by this Court in the case of “Kanti and Another Vs. Additional Civil Judge and Others in Civil writ petition No.12908/20211 decided on 05.12.2011 and M/s Madhyabharat Phosphate Pvt. Ltd. and 39 Ors. Vs. State of Rajasthan Civil writ petition No.4345/2009 decided on

12.10.2011.

I have considered the arguments advanced by learned counsel for the plaintiffs as well as learned counsel for the defendants.

It is an admitted position that the document was exhibited during the evidence and trial court vide its order dated 20.07.2013 directed to deposit the compounding fee jointly and the defendants have deposited the compounding fee as per the order of the trial court. So, in my considered opinion, trial court has rightly turned down the objections of the plaintiffs. So, the present civil writ petition filed by the plaintiffs being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

Pending application(s), if any, stand(s), disposed of.

(NARENDRA SINGH DHADDHA),J AVINASH GULERIA /48 Powerd by TCPDF (w.tcpdf.org)