PUSHPENDRA SINGH BHATI,J. - (1.) This writ petition has been preferred with the following prayers: "It is, therefore, most humbly and respectfully prayed that by an appropriate writ, order or direction, the present petition may kindly be allowed and further the order dated 17.07.2017 is passed by the learned Additional District Judge, Sojat, District Pali in Civil Original Suit No.31/2013 may kindly be quashed and set aside and the application preferred by the petitioner may kindly be allowed. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
(2.) The short point involved in the matter is that the document in suit which is agreement to sale which was accepted to be taken on record by the learned Court below but refused by the learned court below while sending the same to be properly stamped.
(3.) Learned counsel for the petitioner has relied upon the judgment of Islam Teli Muslim v. Chiraguddin Teli Muslim and Ors. (S.B. Civil Writ Petition No.13796/2016), decided on 10.04.2017 . The relevant portion of this judgment reads as follows:- "In the aforesaid factual and legal matrix of the case, the order impugned is quashed and set aside to the extent it rejects petitioner's objection in relation admissibility of the document for want of payment of proper stamp duty. The Trial Court shall send the document in question to the Collector, Stamp, Nagour for adjudication of the proper stamp duty on the agreement dated 25.3.1983. On payment of proper stamp duty only, the document in question shall be admitted in evidence. However it is iterated that the agreement in question did require registration and hence embargo of section 49 of the Registration Act will be applicable while producing and/or exhibiting the same in evidence.";