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18. To put the record straight, the correctness of the impugned judgment, Laxminarayan v. Omprakash came up for consideration before a Division Bench of the High Court itself in Writ Petition No. 6464 of 2008 (Mansingh v. Rameshwar) and the same has been overruled by the judgment dated 22- 1-2010. The High Court observed as follows:
(MPLJ p. 142, paras 8-9)
8. A document would be admissible on basis of the recitals made in the document and not on basis of the pleadings raised by the parties. In the matter of Laxminarayan, the learned Single Judge with due respect to his authority we do not think that he did look into the legal position but it appears that he was simply swayed away by the argument that as the defendant was denying the delivery of possession, the endorsement/recital in the document lost all its effect and efficacy.