- (1.) NONE present for the respondents despite service.
(2.) BY the impugned order dtd.5.7.2011 passed by the learned Additional District Judge (Fast Track), Pali, Head Quarter Jaitaran in Civil Suit No.19/2006 ­ Rajuram V/s Khinyaram, the learned trial Court in a suit for specific performance has allowed the application of the defendants that the agreement in question on the basis of which the suit was filed being not registered document, could not be admitted in evidence since agreement dtd.19.9.2000 mentioned about the possession of the suit property being handed over to the plaintiff in pursuance of part consideration paid. The learned counsel for the petitioner Mr. Sumer Singh submitted that only the part payment was made under that agreement and the plaintiff was ready and willing to pay the remaining part of consideration also, the agreement in question can be admitted in evidence.
(3.) THE legal position with regard to admissibility of the said document is clear as per Section 49 proviso of Indian Registration Act and therefore, the view taken by the learned trial court appears to be in consonance with the said provision and the same does not require any interference by this Court.;