[2026:RJ-JP:16340] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2864/2020 1 Ayub Pahalwan (Correct Name Mohammed Ayub) S/o Shri Mohammed Yakub Kha, Aged About 70 Years, R/o Kasba Amber, Ward No. 10, Mohalla Handipura, Chilla Bawdi Ke Saamne, Jaipur. (Since Deceased) Through Legal Representatives- 1.1 Abida Bano W/o Late Mohammed Ayub, Aged About 71 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.2 Akhtari Bano W/o Late Mohammed Ayub, (Since Deceased), R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.3 Mohammed Haseen S/o Late Mohammed Ayub, Aged About 54 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.4 Mohammed Abid S/o Late Mohammed Ayub, Aged About 41 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.5 Mohammed Rashid S/o Late Mohammed Ayub, Aged About 40 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.6 Mohammed Vasim S/o Late Mohammed Ayub, Aged About 40 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.7 Mohammed Nadim S/o Late Mohammed Ayub, Aged About 39 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.8 Mohammed Zahid S/o Late Mohammed Ayub, Aged About 38 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.9 Mohammed Fahim S/o Late Mohammed Ayub, Aged About 36 Years, R/o 740, Mohalla Patetan, Kazi Ka Nala, Ghat Gate, Jaipur. 1.10 Nusrat Bano W/o Latif Ahmed Khan D/o Late Mohammed Ayub, Aged About 52 Years, R/o Ward No. 15, Mohalla Imam Ganj, Sikar. 1.11 Naema Bano W/o Rashid Khan D/o Late Mohammed [2026:RJ-JP:16340] (2 of 4) [CW-2864/2020] Ayub, Aged About 49 Years, R/o Ward No. 15, Mohalla Imam Ganj, Sikar. 1.12 Parvin Begum W/o Abdul Salam D/o Late Mohammed Ayub, Aged About 50 Years, R/o 2284, Balaji Ki Kothi Ka Rasta, Bada Park, Ghat Gate, Jaipur. 1.13 Masarrat Bano W/o Abrah Ahmed D/o Late Mohammed Ayub, Aged About 42 Years, R/o 738, Chowkdi Topkahan Huzuri, Luharo Ka Khurra, Ghat Gate, Jaipur. 1.14 Zeenat Bano W/o Mohammed Shafiq D/o Late Mohammed Ayub, Aged About 33 Years, R/o 740, Kazi Ka Nala, Luharo Ka Khurra, Ghat Gate, Jaipur. 1.15 Naziya Bano W/o Mohammed Farooque D/o Late Mohammed Ayub, Aged About 30 Years, R/o 795, Kazi Ka Nala, Mohalla Patetan, Chowkdi Topkahan Huzuri, Jaipur. ----Petitioners/Defendants Versus Haji Gulab Kha S/o Shri Haji Dayam Kha, Aged About 61 Years, R/o 10/53, Mohalla Handipura, Kasba Amer, District Jaipur ----Respondent/Plaintiff For Petitioner(s) : Mr. Sehban Naqvi with Ms. Rabbiya Mateen, Mr. Sahil Khan For Respondent(s) : Mr. Prashant Choudhary with Mr. Hemant Kankoriya HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 17/04/2026 1. The present writ petition has been filed assailing the order dated 01.02.2020, passed by the learned Additional District & Sessions Judge, No. 7, Jaipur Metropolitan, Jaipur, in Suit No. 413/2017, whereby the learned Trial Court, while deciding the application under Order 8 Rule 1 CPC for taking on record the agreement dated 10.11.1982, rejected the application on the [2026:RJ-JP:16340] (3 of 4) [CW-2864/2020] ground that the document is insufficiently stamped and unregistered. 2. Learned counsel for the petitioners submits that the admissibility or inadmissibility of the document could not have been examined by the Court at the stage of taking the document on record. He further submits that the original agreement dated 10.11.1982 has already been placed on record. He, therefore, prays that the order dated 01.02.2020 be quashed and set aside. 3. Per contra, learned counsel for the respondent supported the order dated 01.02.2020 passed by the learned Trial Court. However, he could not refute the settled principle of law that, at the stage of taking a document on record, its admissibility or inadmissibility cannot be considered by the learned Trial Court. He submits that, if this Court remands the matter, full opportunity be granted to make all submissions to oppose the applicaiton under Order 8 Rule 1 CPC. 4. Heard learned counsel for the parties and perused the material available on record. 5. This Court finds that the impugned order dated 01.02.2020 has been passed contrary to the settled principles of law, as at the time of taking a document on record, the Court ought not to go into the question of insufficiency of stamp duty or admissibility of the document on account of it being insufficiently stamped or unregistered. The same has to be considered at the stage when the document is tendered in evidence. 6. Therefore, this Court deems it appropriate to quash and set aside the order dated 01.02.2020. The matter is remanded back [2026:RJ-JP:16340] (4 of 4) [CW-2864/2020] to the learned Trial Court to decide the application of the defendants-petitioners under Order 8 Rule 1 CPC afresh taking into consideration all objections of the respondent, except those relating to the admissibility of the document. 7. With the above observations, the present civil writ petition stands disposed of. 8. Pending application(s), if any, also stands disposed of. (BIPIN GUPTA),J Sudha/101