[2025:RJ-JP:4044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1408/2025 Lalchand S/o Shri Gogaram Saini, R/o Kunwa Navoda, Udaipurwati, District Jhunjhunu (Raj.) ----Petitioner Versus 1. Pawan Kumar S/o Shri Makhanlal Choudhary, R/o Ward No. 23, Shrimadhopur, Dist - Sikar (Raj.) 2. Shri Narayan Prasad S/o Shri Kailash Chander Modi, Resident Of Khandela, Dist - Sikar (Raj.) 3. Sita Devi W/o Shri Shankarlal Modi, Resident Of Khandela, Dist - Sikar (Raj.) 4. Anita Devi W/o Shri Amarchand Modi, Resident Of Khandela, Dist - Sikar (Raj.) ----Respondents For Petitioner(s) : Ms. Meeta Pareek For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/01/2025 1. Instant civil writ petition under Article 227 of the Constitution of India has been preferred by petitioner-defendant, impugning the interlocutory order dated 23.12.2024 passed in Civil Suit No.122/2019 by the Court of Senior Civil Judge, Udaipurwati, Jhunjhunu, whereby and whereunder his application under Section 153 CPC has been dismissed and the document of agreement to sell dated 30.06.2012, which has been exhibited as Exhibit-12, has been declined to de-exhibit. 2. Heard counsel for petitioner and perused the record. 3. It appears that respondents-plaintiffs have filed a civil suit for eviction and in that suit, a document of agreement to sell dated 30.06.2012, entered into between previous landlord of the [2025:RJ-JP:4044] (2 of 2) [CW-1408/2025] property & defendant-tenant, has been marked as Exhibit-12, during course of cross-examination of defendant (DW-1 Lalchand). Thereafter, defendant moved an application under Section 153 CPC, seeking to de-exhibit the document of agreement dated 30.06.2012, on the ground that same is unregistered and insufficiently stamped. 4. The trial Court in the impugned order has clearly observed that the document was marked exhibit, in presence of counsel for defendant. Further, this Court finds that considering the nature of civil suit and the purpose of exhibiting the agreement in question to establish relation of landlord-tenant between parties, the objection raised by the petitioner-defendant to de-exhibit the document, is not sustainable and the trial Court has not committed any jurisdictional error in rejecting the application under Section 153 CPC. 5. This Court in exercise of powers under Article 227 of the Constitution of India, does not find any illegality, perversity or jurisdictional error in the order impugned and same does not call for any interference by this Court. 6. As a result, the instant writ petition is dismissed. 7. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Sachin/46