Advocates:
['MA SIDDIQUI', '', 'SIKANDER KHAN', 'NA SIDDIQUI']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

: O R D E R :

S.B. CIVIL WRIT PETITION NO.3643/2014

Mahendra Singh

vs.

Dhirender Singh & Ors.

Date of Order

::

04^th December, 2014

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

Mr. Sikander Khan, for the petitioner.

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BY THE COURT:

This writ petition under Article 226 and 227 of the

Constitution of India has been filed by the petitioner aggrieved

against order dated 20.03.2014 passed by the trial court,

whereby, the application filed by defendant No. 2 under Order

XIII, Rule 3 read with Section 151 CPC, Section 17 of the

Registration Act, 1908 ('Registration Act') and the Rajasthan

Stamp Act, 1998 ('Stamp Act') has been allowed and the

document, which has been termed as Sahamati Patra has been

rejected as inadmissible in evidence.

The petitioner-plaintiff filed a suit for cancellation of sale

deed and permanent injunction against transferor his brother

Dhirendra Singh and transferee Gopal; in the affidavit in

evidence filed by the plaintiff, a document titled Sahamati Patra

was marked as Exhibit-1.

An application was filed by defendant No. 2 – Gopal,