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2018 DIGILAW 327 (MP)

Vinay Verma v. Shri Gopal Mandir, Guna registered Public Trust

2018-03-19

ANAND PATHAK

body2018
ORDER 1. The present petition under Article 227 of the Constitution of India has been preferred against the order dated 22.2.2018 (Annexure P-1) passed by the trial Court, whereby application under section 49 of the Registration Act preferred by the petitioner as defendant has been rejected. 2. Precisely stated facts of the case are that respondents/plaintiffs filed a suit under section 6 of the Specific Relief Act and mense profit. Written statement was filed by the petitioner/defendant. Matter was proceeded with and application under sections 49 and 17 of the Registration Act was filed by the petitioner mentioning that the trustees have handed over the possession after taking the amount and the document was directed to be impounded by order dated 2.8.2008 and requested to be sent to the Collector of stamp in which the Court passed the order dated 2.8.2008 for impounding and consequential action. Petitioner challenged the earlier order in writ petition No. 3720/2009 but meanwhile compromise was made and, therefore, petition was withdrawn. 3. According to learned counsel for the petitioner, document is required to be admitted for collateral purpose. Therefore, the document can be exhibited for collateral purpose. trial Court erred in passing the impugned order. 4. Heard. 5. From the perusal of the impugned order, it appears that trial Court rightly passed the impugned order because as per the mandate rendered by the apex Court in the case of Avinash Kumar Chauhan v. Vijay Krishna Mishra, as reported in AIR 2009 SC 1489 , unless the document is stamped and duty is paid it cannot be taken into consideration for the purpose of collateral purpose even. 6. In view of the above law laid down by the apex Court, no case for interference is made out. From the fact situation earlier also in respect of admissibility of the document, order dated 2.8.2008 has been passed. The document is to be properly stamped for consideration for collateral purpose. No case for interference is made out. 7. Accordingly, the petition sans merits and is hereby dismissed.