Madhya Pradesh Court September 1996 Judgments

Sheikh Akbar and anr. Vs. Sameer Kumar Paul and anr.

Court: Madhya Pradesh

Reported in: 1997(2)MPLJ27

ORDERS.C. Pandey, J.1. This revision is directed against the order, dated 15-7-1996, passed by Ist Civil Judge Class-II, Jabalpur, in Civil Suit No. 356-A/94.2. It is not necessary to give the facts of this case in detail. The non-applicants Nos. 1 and 2 examined their father for proving their title to a document styled as a release-deed. The applicants objected to the admissibility of that document on two grounds. One that this document was not mentioned in the plaint nor was the witness summoned to produce this document and the second on the ground that document was not properly stamped as it is a sale-deed and not a release-deed. Objection was raised Under Section 35 of the Indian Stamp Act. This document is annexed as document No. 1 to the memo of revision. The trial Court made the following observations :^^pwfd izfroknhx.k us vius tckonkok esavfHkopu fd, gSa fd enzklh gksVy oknhx.k dh gSA ,oa m nLrkost lk{; ds nkSjkuxokg us izLrqr fd, gSaA bl dkj.k izn'kZ vafdr djus dh vuqefr nh t...