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[CW-7351/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7351/2019

1.

M/s. Qureshi Marble Industries, Through The Legal

Representatives Of The Sole Proprietor Shakruddin S/o

Sultan

2.

Jenab Begum W/o Shakruddin,, Aged About 65 Years,

Resident Of Near Pir Ki Dargah, Makrana, District Nagaur.

3.

Gayur Ahmed S/o Shakruddin,, Aged About 43 Years,

Resident Of Near Pir Ki Dargah, Makrana, District Nagaur.

4.

Abdul Qayyum S/o Shakruddin,, Aged About 40 Years,

Resident Of Near Pir Ki Dargah, Makrana, District Nagaur.

5.

Mohd. Aarif S/o Shakhruddin,, Aged About 38 Years,

Resident Of Near Pir Ki Dargah, Makrana, District Nagaur.

6.

Mohd. Irfan S/o Shakhruddin,, Aged About 36 Years,

Resident Of Near Pir Ki Dargah, Makrana, District Nagaur.

7.

Shahida Khanam D/o Shakruddin, W/o Mohd. Arfan, Aged

About 30 Years, Resident Of Near Pir Ki Dargah, Makrana,

District Nagaur.

8.

Abdullah S/o Shakruddin, Aged About 26 Years, R/o

Makrana, Tehsil Makrana, District Nagaur (Rajasthan).

----Petitioners

Versus

1.

Zahiruddin S/o Shahabudin, By Caste Vyapari Musalman

R/o Chamanpura, Makrana, District Nagaur.

2.

Aashiya W/o Shahabuddin, By Caste Vyapari Musalman R/

o Chamanpura, Makrana, District Nagaur.

3.

Aamna D/o Shahabuddin, By Caste Vyapari Musalman R/o

Chamanpura, Makrana, District Nagaur.

4.

Sangam Marble Industires, Through Its Partner Haji

Samaun Ali S/o Nizamuddin By Caste Silodiya, R/o

Chamanpura, Makrana, Dist- Nagaur.

5.

Nisar Ali S/o Nizamuddin, R/o Chamanpura Makrana,

Tehsil Makrana, District Nagaur (Rajasthan)

6.

Mohd. Aalam S/o Nizamuddin, R/o Chamanpura Makrana,

Tehsil Makrana, District Nagaur (Rajasthan)

7.

Mohd. Saleem S/o Nizamuddin, R/o Chamanpura

Makrana, Tehsil Makrana, District Nagaur (Rajasthan)

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8.

Zakir Hussain S/o Nizamuddin, R/o Chamanpura Makrana,

Tehsil Makrana, District Nagaur (Rajasthan)

9.

Mohammad Yusuf S/o Mohd. Ismail,, R/o Chamanpura

Makrana, Tehsil Makrana, District Nagaur (Rajasthan)

10.

Anwar Ahmed S/o Mohd. Ramzan, R/o Chawra Tehsil,

District Jhunjhunu, At Present Residing At Ullasnagar,

Maharashtra.

11.

State Of Rajasthan, Through The District Collector,

Nagaur.

----Respondents

For Petitioner(s)

:

Mr. Vikas Balia

Mr. Vishan Das Vaishnav

For Respondent(s)

:

Mr. Vikas Bijarnia

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

09/12/2021

The petitioner is a sole proprietorship firm and the bone of

contention in the present matter is that the petitioner filed a suit

for declaration of permanent injunction against the respondents

and while the pleadings were exchanged and issues were framed,

one family arrangement dated 21.11.1981 was marked as an

exhibit by the trial court below on 05.04.2018.

The issue involved in the present case is whether the exhibit

could have been excluded subsequently on an objection raised by

the respondents on 04.04.2019 whereby they pleaded that the

document in-question requires mandatory registration and

impounding under the Rajasthan Stamp Act, 1998.

Learned court below while deciding adversarial claim

regarding maintainability of the document as exhibit held that the

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document in-question could not have been exhibited as it did not

fulfill the mandatory qualification of registration.

Mr. Vikas Balia, counsel for the petitioner, submits that

document in-question could not have been excluded once it was

already marked as exhibit and the objection raising the issues of

Section 49 of Registration Act, 1908 and Section 39 of the

Rajasthan Stamp Act, 1998 were have been wrongly accepted.

Counsel for the petitioner relied upon the judgment in the

matter of Javer Chand & Ors. Vs. Pukhraj Surana (Civil Appeal

No.3/1958 decided on 25.04.1961) reported in AIR 1961 SC 1655

reads as follows:-

“7. That section is categorical in its terms