HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 5511/2021

Durga Shankar Bareth S/o Late Sh. Ramdan Bareth, Aged About 62

Years, R/o Kishangarh Bass, Distt. Alwar, Rajasthan.

----Petitioner/Defendant

Versus

1.

Shayam Lal S/o Sh. Karamchand, R/o Khanpur Mevan,

Tehsil Kishangarh Bass, Distt. Alwar.

----Respondent/Plaintiff

2.

Santosh Kanwar D/o Late Sh. Ramdan Bareth,

3.

Vimla Kanwar D/o Late Sh. Ramdan Bareth,

Both are R/o Kishangarh Bass, Tehsil Kishangarh Bass,

Distt. Alwar, Rajasthan.

----Proforma Respondents/Defendant

For Petitioner(s)

:

Mr. Ajay Goyal

For Respondent(s)

:

None Present

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

19/09/2022

None appears for the respondents despite service.

This writ petition has been filed under Article 227 of the

Constitution of India assailing the legality and validity of the order

dated 06.03.2021 passed by learned Additional District Judge No.2,

Kishangarh Bass, Alwar in Civil Suit No.34/34/2018 whereby, an

application filed by the respondent No.1/plaintiff under Section 65,

Evidence Act, 1872 (for brevity, “the Act of 1872”) and Section 35,

Stamp Act, 1899 (for