Uttarakhand High Court
Mahant Krishna Giri vs Deepa Devi And The Impugned on 9 November, 2012
Author: B.S. Verma
Bench: B.S. Verma
WPMS No.2406 of 2012 Hon'ble B.S. Verma, J.
Heard Mr. Neeraj Garg, Advocate for the petitioner. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 2.11.2012 passed by the District Judge, Dehradun in Civil Revision no.81 of 2012, Mahant Krishna Giri vs. Deepa Devi and the impugned order dated 22.10.2012 passed by Civil Judge (Sr. Division) Rishikesh in O.S. No.118 of 2006, whereby application paper no.92-C filed by the petitioner has been rejected.
Learned counsel for the petitioner has contended that the impugned order has been passed against the provisions of law since the alleged document paper no.30-A is agreement to sell and is an unregistered document according to the defendant. In view of section 35, the stamp duty has not been paid as per Article 5 of the Schedule 1 b of the Stamp Act and has not been registered in view of section 17 of the Act and that cannot be read in evidence in view of provisions of section 49 of the Indian Registration Act. Prima facie, the issue whether the document can be read even for collateral purpose has to be scrutinized.
Issue notice to the respondents. Apart from normal mode of service, the petitioner may serve dasti upon the respondents.
List this matter on 2.1.2013.
In the meantime, it is provided that if the petitioner seeks adjournment before the trial court, the trial court shall adjourn the case for a period of eight weeks.
(B.S. Verma, J.) 09.11.2012 Rajni