SARVAR BANO Vs. MANJU SINGH

JUDGEMENT

(1.) Though this matter was listed for orders on admission, however, with the consent of learned counsel for the parties, the matter is heard finally.

(2.) This application under Order 47 Rule 1 CPC has been filed by the applicant (petitioner) seeking review of order dtd. 30/3/2022 passed in Misc.Petition No.1406/2018 whereby the petition filed by the applicant under Article 227 of the Constitution of India has been dismissed.

(3.) The respondent/plaintiff filed a civil suit for specific performance of contract which was entered into with applicant/defendant in respect of purchase of agricultural suit lands. Alongwith plaint the respondent/plaintiff filed sale deed executed on stamp paper of Rs.50.00 (five of Rs.10.00 denomination each). It is alleged that in the plaint that document was pleaded to be sale deed and not a draft thereof, which was signed by seller, purchaser and witnesses and contained their photographs. During pendency of civil suit, the applicant/defendant filed an application u/s 17 of Registration Act read with sec. 35 of the Stamps Act praying not to permit the plaintiff to exhibit the sale deed on the ground that photocopy of said document is not admissible in evidence, and if in case original is produced, the same is neither properly stamped nor registered.