Alok Sharma, J. - (1.) A peculiar situation arises in the instant case.
(2.) A suit for specific performance was laid by the petitioner-plaintiff (hereafter 'the plaintiff') in the year 2009. On service of summons on the respondent-defendant (hereafter 'the defendant') filed a written statement interalia objecting to the suit being founded on an agreement to sell dated 26.11.2007, which was inadequately stamped and hence inadmissible in evidence. Issue no.7 was framed as to whether the agreement to sell dated 26.11.2007 not adequately stamped, and inadmissible could sustain the suit for specific performance. However at various stages of the suit, despite the defendant's objections, the Trial Court postponed addressing the question of inadmissibility of the agreement to sell dated 26.11.2007 for reasons of it being inadequately stamped. In fact, the trial court even allowed the agreement to sell dated 26.11.2007 to be exhibited subject to objection as to its inadmissibility to be addressed at the time of final arguments in the suit.
(3.) After the evidence of the parties before the Trial Court was completed, at the stage of final arguments the plaintiff moved an application under Section 35 of the Rajasthan Stamp Act, 1998 (hereafter 'the Act of 1998') seeking that the agreement to sell dated 26.11.2007 be impounded and remitted to the jurisdictional Collector (Stamps) for assessment and payment of requisite stamp duty. The trial court has by the impugned order dated 26.8.2016 dismissed the application filed under Section 35 of the Act of 1998 primarily on the ground that it was belatedly filed at the stage of final arguments. Hence this petition. ;