PUSHPENDRA SINGH BHATI, J. - (1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs: "(A) That the order dated 28.01.2015 (Annexure-6) passed by Additional District Judge No.1, Barmer in Civil Original Suit No.30/2007 Guman Singh and Anr. Vs. Hema Ram and Anr. may kindly be quashed and set aside. (B) That the order dated 22.01.2016 (Annexure-9) passed by Additional District Judge No.1, Barmer in Civil Original Suit No.30/2007 Guman Singh and Anr. Vs. Hema Ram and Anr. may kindly be quashed and set aside. (C) That the agreement dated 20.08.1997 (Annexure-1) may kindly be declared as inadmissible in evidence and the exhibition of document may be deleted. (D) That any appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case may kindly be passed in favour of the petitioners.
(2.) The chronology of the litigation at hand, as noticed by this Court, is that the plaintiffs/respondents filed a suit for possession and perpetual injunction against the petitioners/defendants before the learned Additional District Judge, Barmer on 23.04.2007. The petitioners/defendants filed the written statement to the said civil suit on 17.09.2007. The respondents/plaintiffs have filed rejoinder to the written statement on 03.05.2008. The respondents/plaintiffs thereafter submitted their affidavits for evidence on 22.05.2009. Thereafter, the cross-examination of PW-2 Guman Singh was started on 22.08.2015, but the same was kept reserved; the cross-examination though was re-commenced on 14.10.2015, but could not be completed on that date.
(3.) The present contention before this Court is an application dated 23.11.2015 filed by the petitioners/defendants under Order 13 Rule 3 CPC praying that the unregistered and unstamped agreement dated 20.08.1997 may be declared inadmissible in evidence, as it was not stamped. The respondents/ plaintiffs filed a reply to the said application on 24.11.2015. The application thereafter was rejected by the impugned order dated 22.01.2016 passed by the learned trial court.;