Pratap Kr. Ray, J. - (1.) Defendants of Title Suit No. 117/83 have come up with this application under Section 115 of the Civil Procedure Code challenging the order No. 31 dated 17th January, 1997 passed by Sri A.K. Das, learned Munsif, First Court at Basirhat in Title Suit No. 117/83 whereby and whereunder defendant's prayer to mark an unregistered document being an agreement for sale as exhibit was not allowed.
(2.) Learned Advocate of the petitioner submits that under Section 49 of the Registration Act, unregistered document of immovable property is admissible in evidence particularly being a document in terms of available defence under Section 53A of the Transfer of Property Act.
(3.) It is further submitted that learned Court below erred in Law by disposing of the matter relying upon the order of High Court, Calcutta dated 24th August, 1993 passed by Hon'ble Justice Bijitendra Mohan Mitra, J. in Civil Order No. 1120/93 and by holding that in view of the said judgment, the point could not be reagitated due to a bar on principle of res judicata.;