1

S.B. CIVIL WRIT PETITION NO.5166/2011

(Prabhu Singh Versus Civil Judge & Another)

Date of Order

::

27^th July, 2011

Present

Hon'ble Mr. Justice Mahesh Bhagwati

Mr. Sunil Kumar Singh, for the petitioner

Challenge in this writ petition is to

the order dated 15^th January, 2011, whereby the

learned Civil Judge (Jr. Division), Ajmer,

District Ajmer dismissed the application filed

by the plaintiff-petitioner under Section 35 of

Indian Stamp Act.

Having heard the learned counsel for

the petitioner and carefully perused the

relevant material on record, it is noticed that

in the suit filed by the plaintiff, a document

(written receipt) was produced by the

defendant, which was marked exhibit by the

learned trial court. The plaintiff-petitioner

moved an application imploring the court that

as per the provisions of Section 17(2) of the

Rajasthan Stamps Act and Indian Stamps Act,

document produced in evidence ought to have

been registered and properly stamped, but since

the document produced by the defendant is not

properly stamped and registered, as such the

same should not have been taken on record nor

2

exhibited. It is further noticed that the

objection with regard to marking exhibit on the

said document was decided by the learned trial

court on 18.4.2009 during cross-examination.

The learned trial court dismissed the

application observing that the evidentiary

value of said document would be adjudged at the

time of final adjudication of the suit.

The impugned order passed by the

learned trial court is found to be just and

apt. It does not call for any intervention. In

view of above, the writ petition fails and the

same being bereft of any merit, deserves to be

dismissed, which stands dismissed accordingly.

(Mahesh Bhagwati), J.