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2026 Supreme(Raj) 350

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BIPIN GUPTA
Kamlesh W/o Tekchand – Appellant
Versus
Pappu Saini S/o Dedaram Saini – Respondent


Advocates Appeared:
For the Appellants : Gajendra Singh Rathore, Neetu Mathur
For the Respondents: Z.A. Naqvi, Sehban Naqvi, Rabiya Mateen, Sahil Khan

JUDGMENT :

BIPIN GUPTA, J.

1. Since the present writ petitions arise from a common suit, both the petitions have been heard together and are being decided by this Common Judgment.

2. The writ petition bearing No. S.B. Civil Writ Petition No. 15604/2025 has been filed assailing the order dated 11.02.2025, passed by the learned Civil Judge, Virat Nagar, District Jaipur (Kotputli-Behror) in Civil Suit No.15/2019, whereby the application filed by the plaintiffs–petitioners seeking permission to lead secondary evidence in respect of the agreement to sell dated 12.03.2003, which was only available as a photocopy, has been rejected.

3. The writ petition bearing No. S.B. Civil Writ Petition No.17903/2025 has been filed assailing the order dated 26.08.2025, passed by the learned Civil Judge, Virat Nagar, District Jaipur (Kotputli-Behror) in Civil Suit No.15/2019, whereby the application filed by the plaintiffs–petitioners under Sections 35 and 37 of the Rajasthan Stamp Act, 1998 (hereinafter referred to as ‘the Act of 1998’) for impounding the agreement to sell dated 12.03.2003 and for sending the same for payment of appropriate stamp duty has been dismissed.

4. The controversy arises from the f

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