ORDER
By way of this petition the petitioner has challenged the order of the trial Court dated 06.07.2024 whereby the trial Court has postponed the objection as to admissibility of document at the stage of adjudication of the suit and did not decide with the said objection at the stage of the deposition of witness.
2. A suit for a specific performance has been filed and the document in question is an agreement to sale. It is an unregistered document. As per proviso to section 49 of Registration Act in suit for specific performance unregistered documents are admissible to certain extent as provided in Section 49 of Registration Act, 1908.
3. The extent to which the document has to be read in view of Section
49 Registration Act and what would be the extent of real purpose and what would be the extent of collateral purpose, could not have been adjudicated by
1
(VIVEK JAIN)
JUDGE
the Court at the time of deposition of witness and these are the issues that have to be argued at the time of final adjudication of the suit.
4. The document is otherwise admissible though being unrgistered, maybe for limited purpose and the extent to which it is admissible could not have been adjudicated at the time of deposition and therefore, this Court does not find any merit in the assertion of counsel for the petitioner that the Court should have conclusively decided the admissibility of document at the stage of deposition of witness itself.
5. Therefore, reserving the liberty to the petitioner to argue as to the extent of admissibility of document at the time of final adjudication of the suit, the petition is dismissed.
6. At this stage, counsel for the petitioner argues that the document is also insufficiently stamped. However, no such objection has been taken before the trial court and this Court need not deal with this issue at the first instance and it will be open for the petitioner to raise such objection before the trial Court, if so advised.
nks
2