HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11344/2015 Shafi Ahmed S/o Sakhi Ahmed, Ramganj Mandi, District Kota Raj. Rajasthan Neel Colony Teh- Ramganj Mandi Distt Kota ----Petitioner Versus 1. Gafur Khan S/o Ghasi, Modak Station, Tehsil Ramganj Mandi, District Kota Raj. Since Deceased 1/1. Mansoor S/o Gafur Khan, Modak Station, Tehsil Ramganj Mandi, District Kota Raj. 1/2. Guddu S/o Gafur Khan, Modak Station, Tehsil Ramganj Mandi, District Kota Raj. 1/3. Bannu S/o Gafur Khan, Modak Station, Tehsil Ramganj Mandi, District Kota Raj. 1/4. Anisa D/o Gafur Khan, Modak Station, Tehsil Ramganj Mandi, District Kota Raj. 1/5. Anno D/o Gafur Khan, Modak Station, Tehsil Ramganj Mandi, District Kota Raj. ---Defendants-Respondents For Petitioner(s) : Mr. Avi Sharma, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/01/2025 The present civil writ petition has been filed by the petitioner-plaintiff(for short ‘the plaintiff’) against the order dated 24.07.2015 passed by the Senior Civil Judge, Ramganjmandi, District Kota (for short ‘the trial court’) in Civil Suit No.42/2012 titled as “Shafi Ahmed Vs. Gafur Khan and Ors.”, whereby the application filed by the defendant for not exhibiting the document dated 13.06.1989 in evidence has been allowed and the plaintiff has been denied to exhibit the document dated 13.06.1989 in evidence. Learned counsel for the plaintiff submits that the plaintiff filed a suit for specific performance of the agreement dated (2 of 2) [CW-11344/2015] 13.06.1989 against the defendant in which the defendant filed an application before the trial court to the effect that document dated 13.06.1989 filed by the plaintiff being inadmissible in evidence, it can not be exhibited but although pursuant to the agreement dated 13.06.1989, possession was handed over to the plaintiff. So, the trial court vide order dated 24.07.2015 on the objection of the defendant, denied the plaintiff to exhibit the document dated 13.06.1989. So, the petition filed by the plaintiff be allowed, the order dated 24.07.2015 passed by the trial court be set-aside and the plaintiff be allowed to mark exhibit on the agreement dated 13.06.1989. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order dated 24.07.2015. It is an admitted position that the plaintiff filed a suit for specific performance of the agreement dated 13.06.1989. In my considered opinion, this document does not require any registration but as per the Stamp Act, it is required to be impounding. The petition filed by the plaintiff is partly allowed. The order dated 24.07.2015 passed by the trial court is set-aside. The trial court is directed to impound the agreement dated 13.06.1989 and sent it to the Collector (Stamps) for determination of stamp duty and penalty thereon. Pending application, if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Gourav/58