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2021 DIGILAW 285 (RAJ)

Lal Singh v. Bhanwar Singh

2021-02-03

DINESH MEHTA

body2021
JUDGMENT : 1. By way of the present writ petition filed under Article 226/227 of the Constitution of India, the petitioner has laid challenge to the order dated 31.08.2019. 2. The facts relevant for the present purposes are that the respondent-plaintiff had filed a suit for cancellation of Will dated 27.01.2011 and to pass a decree in terms of partition deed (Bantwara) dated 05.12.2002. 3. In the suit so filed by the plaintiff-Bhanwar Singh (respondent herein), an application came to be filed on 27.10.2017 by the plaintiff- respondent himself under section 47(A) of the Rajasthan Stamp Act, 1998. Two applications of even date (06.02.2018) under Section 39 of the Stamp Act and Section 17 of the Registration Act were filed by the defendant (petitioner herein) praying that the document be returned as the same is not admissible in evidence for want of registration. 4. The learned Trial court by way of the impugned order dated 31.08.2019, rejected petitioner's applications dated 06.02.2018 in wake of order already passed on application under Section 47(A) of the Stamp Act. The trial Court considered them to be irrelevant. 5. The present petitioner has approached this Court with a case that the Trial Court has erred in rejecting petitioner's applications dated 06.02.2018. 6. Heard. 7. In considered opinion of this Court, determination of appropriate stamp duty of a document, does not meet with the requirement of the registration, which is pre-cursor for admissibility of a document. Even if stamp duty is paid after impounding, the document can be inadmissible if it requires registration and is unregistered. 8. This being the position, the learned trial Court has committed an error in rejecting the applications dated 06.02.2018 (Annex.8 & 10). 9. The writ petition is, therefore, allowed. The order dated 31.08.2019, passed by the trial Court to the above extent is set aside. The applications dated 06.02.2018 is restored to the dockets of the Trial Court for consideration afresh. 10. The learned trial Court shall consider the applications dated 06.02.2018 afresh or frame issue in relation to admissibility of the document under consideration and decide the suit, in accordance with law. 11. Needless to observe that this Court has not pronounced upon requirement of registration of the document under consideration. 10. The learned trial Court shall consider the applications dated 06.02.2018 afresh or frame issue in relation to admissibility of the document under consideration and decide the suit, in accordance with law. 11. Needless to observe that this Court has not pronounced upon requirement of registration of the document under consideration. Any observation made herein shall not come in way of the trial Court in deciding the requirement of registration, which shall obviously be done, at appropriate stage obviously, in accordance with law. 12. Stay application also stands disposed of accordingly.