[2025:RJ-JP:1824] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1562/2022 Mukhtar Ali S/o Shri Nazir Ahmed, Aged About 53 Years, Resident Of House No. 23, Police Line, Shiv Nagar, Kota (Raj.) ----Petitioner Versus 1. Jalaluddin S/o Nizamuddin, Aged About 36 Years, Resident Of House No. 13, Jahid Noor, Gautam Colony, Borkheda, Kota Presently Resident Of Baldada, Tehsil Anta, District Baran (Raj.) 2. Sirazuddin S/o Nizamuddin, Aged About 34 Years, Resident Of House No. 54, Abdul Salam Ji, Amrit Nagar, Borkheda, Kota Presently Resident Of Baldada, Tehsil Anta, District Baran (Raj.) ----Respondents For Petitioner(s) : Mr. Shailesh Prakash Sharma, Adv. For Respondent(s) : Mr. S. S. Hasan, Senior Counsel with Mr. Aquif Khan, Adv. & Mr. Abdul Basit Naqvi, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT 15/01/2025 This Civil Writ Petition has been filed by the petitioner- plaintiff (for short 'the plaintiff') against the order dated 22.12.2021 passed by Senior Civil Judge and Chief Judicial Magistrate, Kota (Raj.) in Civil Suit No.55/2016, whereby the application filed by the respondents-defendants (for short 'the defendants') under Section 151 CPC has been allowed and the documents filed by the plaintiff have been declared unreadable in evidence and they have been impounded. [2025:RJ-JP:1824] (2 of 3) [CW-1562/2022] Learned counsel for the plaintiff submits that plaintiff filed a suit for declaration, permanent and mandatory injunction in which during the evidence of the plaintiff, plaintiff exhibited the agreement dated 24.12.2008 and 03.06.2010. Defendants filed an application before the trial court under Section 151 CPC that these documents were exhibited in the absence of the Advocate of the defendants. These documents were unregistered and insufficiently stamped. So, the said documents be de-exhibited. Learned counsel for the plaintiff also submits that trial court vide order dated 22.12.2021 allowed the application filed by the defendants and de-exhibited the documents as Ex.1 to 3 and Ex.9 to 11 and declared them as unreadable and impounded the same. Learned counsel for the plaintiff also submits that contention of the defendant(s) was wrong that these documents were exhibited in the absence of learned counsel for the defendants. Trial court had also dealt with the fact that learned counsel for the defendants was present at the time of the exhibition of the documents. Learned counsel for the plaintiff also submits that there is no need for registration of the documents. Learned counsel for the plaintiff also submits that if court finds that these documents are insufficiently stamped, then trial court had right to send these documents for impounding. So, order dated 22.12.2021 passed by the trial court be set aside. Learned counsel for the plaintiff has placed reliance upon the judgment passed by this Court in the case of Sanjeev Bhardwaj Vs. Yogeshwar Swaroop Bhatnagar in D. B. Civil Writ Petition No.15760/2015 decided on 04.09.2019. [2025:RJ-JP:1824] (3 of 3) [CW-1562/2022] Learned counsel for the defendants has opposed the arguments advanced by learned counsel for the plaintiff and submits that trial court rightly ordered for de-exhibition of the documents because these documents were insufficiently stamped and unregistered. So, 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. In my considered opinion, there is no need for registration of these documents but trial court had wrongly allowed the application filed by the defendants. Trial court had to send these documents for impounding. So, in my considered opinion, order of the trial court deserves to be set aside. The Civil Writ Petition filed by the plaintiff is allowed. The order dated 22.12.2021 passed by the trial court is set aside and trial court is directed to impound the documents and send them to Collector (Stamps) for determination of stamp duty and penalty thereon. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Jatin /148