(1.) NO one appears for the respondent No. 1 though served. The respondent No. 2 is a formal party and service thereof is dispensed with.
(2.) THE instant civil misc. appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure (for short 'CPC') is directed against the order dated 02.11.2006 passed by the Additional District Judge No. 2, Bundi (for short 'the trial Court'), whereby the application filed by the respondent No. 1 under Order 39 Rule 1 and 2 CPC during pendency of the suit was allowed and the defendant -appellants were restrained to alienate, mortgage, transfer or get such documents registered in respect of the subject matter of the suit property and if any such document is filed, the respondent No. 2 was restrained not to register such documents.
(3.) IT is contended by the learned Counsel for the appellants that the document agreement to sale alleged to have been executed on non -judicial stamp of Rs. 100/ -, whereas the Rajasthan Stamps Law provides that the stamp duty @ 3% on the value determined is required to be paid and unless the requisite stamp duty is paid, the document is not admissible in evidence. He also relied on the judgment of this Court in Sukhdev Singh v. Baxis Singh and Anr., 2006(2) RLW 1036.