[2025:RJ-JP:2612] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 71/2025 Ashok Katewa S/o Late Shri Jagat Singh, Aged About 65 Years, R/o Bakhtawarpura, Tehsil Chirawa, District Jhunjhunu (Raj). At Present R/o 74, Rajani Vihar, Ajmer Road, Jaipur. ----Petitioner Versus 1. Surendra Singh S/o Late Shri Sajjan Singh, R/o Bakhtawapura, Tehsil Chirawa, District Jhunjhunu (Raj), At Present R/o 38-A, Kanti Nagar, Hathi Babu Ka Bag, Near Polovictory, Jaipur. 2. Jogendra Singh @ Yogendra Singh S/o Late Shri Sajjan Singh, R/o Bakhtawarpura, Tehsil Chirawa, District Jhunjhunu (Raj). At Present R/o 38-A, Kanti Nagar, Hathi Babu Ka Bag Near Polovictory, Jaipur. 3. Virenra Singh S/o Late Shri Sajjan Singh, (Died During Suit) Through Lrs. 4. Shakuntla W/o Late Virendra Singh, R/o Bakhtawarpura, Tehsil Chirawa, District Jhunjhunu (Raj). At Present R/o 38-A, Kanti Nagar, Hathi Babu Ka Bag Near Polovictory, Jaipur. 5. Sonal D/o Late Virendra Singh, R/o 38-A, Kanti Nagar, Hathi Babu Ka Bag Near Polovictory, Jaipur. At Present R/o Village Dadawa Kala, Tehsil Nathu Shri Chopata, District Sirsa, Haryana. 6. Abhishek S/o Shri Virendra Singh, R/o Bakhtawarpura, Tehsil Chirawa, District Jhunjhunu (Raj). At Present R/o 38-A, Kanti Nagar, Hathi Babu Ka Bag, Near Polovictory, Jaipur. ----Respondents For Petitioner(s) : Mr. J. R. Chaudhary, Adv. For Respondent(s) : Mr. R. K. Daga, Adv. with Mr. R. S. Chauhan, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order [2025:RJ-JP:2612] (2 of 3) [CW-71/2025] 20/01/2025 The civil writ petition has been filed by the petitioner- plaintiff(for short ‘the plaintiff’) against the order dated 31.07.2021 passed by the Additional District & Sessions Judge No.8, Jaipur Metropolitan-I (for short ‘the trial court’) in Civil Suit No.47/2013 titled as “Ashok Katewa, Vs. Surendra Singh & Ors.”,whereby the trial court while disposing of the application filed by the defendant No.1 under Section 17 of Registration Act read with Section 35 & 39 of Stamp Act, directed the plaintiff to submit the certified copy of document dated 02.07.1980 so that the original document could be sent to the Collector Stamp(s), Jaipur for proper stamping. Learned counsel for the plaintiff submits that the plaintiff filed a suit for declaration, partition and permanent injunction against the defendants before the trial court in which defendant No.1 filed an application under Section 17 of Registration Act and Section 35 & 39 of Stamp Act. The trial court vide order dated 31.07.2021 while disposing the application filed by the defendant No.1 directed to submit the certified copy of the document dated 02.07.1980 so that the original document could be sent to the Collector Stamps, Jaipur for proper stamping. Learned counsel for the plaintiff further submits that the said document is a family settlement and no registration is required for it. Learned counsel for the plaintiff also submits that as per the Circular of State Government, no court fees is required. So, the trial court has committed an error in sending the said document to the Collector Stamp(s), Jaipur for proper stamping. So, the [2025:RJ-JP:2612] (3 of 3) [CW-71/2025] petition filed by the plaintiff be allowed and the order dated 31.07.2021 passed by the trial court be set-aside. Learned counsel for the defendant has opposed the arguments advanced by learned counsel for the plaintiff and submitted that the said document was insufficiently stamped. So, the trial court rightly sent the said document to the Collector Stamp(s), Jaipur for proper stamping. So, the present petition being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the plaintiff as well as learned counsel for the defendants. It is an admitted position that while deciding the application filed by the defendant No.1, the trial court clearly mentioned that the said document is insufficiently stamped. So, the trial court has not committed any error in sending the said document to the Collector Stamp(s) for proper stamping. So, the present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, also stand(s), dismissed. (NARENDRA SINGH DHADDHA),J Gourav/03