1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1882 OF 2009 Somibai Ganpat Thakur andors .. Petitioners Vs Maruti Balya Thakur .. Respondent Ms.Gauri Godse, Advocate for the petitioners. Mr. S.S.Redekar, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 14/09/2009 PC: 1. Heard learned counsel for the parties. 2. This petition is directed against the order dated 24.10.2008 passed on the application at Exhibit-88 in Regular Civil Suit No.94 of 2001 filed by the petitioners. By the application at Exhibit-88, the petitioners sought an order, as contemplated by Order 13, rule 3 of CPC, that the document dated 3.1.1989 is not admissible in evidence and it should be de- exhibited if it is already exhibited. This application has been rejected, holding that such objection was not raised when the document was produced on record by the defendants. The objection to the production and exhibition of the document was T 2 two-fold. Firstly, it was insufficiently stamped, and secondly, it was unregistered. Insofar as insufficient stamp is concerned, that defect has already been cured. Insofar as the second ground of objection is concerned, both the learned counsel for the parties have relied upon the Judgment of the Full Bench in Hemendra Rasiklal Ghia Vs. Subodh Mody, 2008 (6) Mh.L.J. 886 and the Judgment in M/ Conwood Agencies Pvt Ltd Vs. Namdeo Pandurang Panchal and Anr , 2005 (1) ALL MR 335 in support of their contentions. After having gone through the order, impugned in the present writ petition, and the judgments relied upon by the learned counsel for the parties, I am satisfied that the following order shall meet the ends of justice. The learned counsel for the parties have also agreed for the following order. It is open to the petitioners to raise an objection as to admissibility of the document dated 3.1.1989 for want of registration during the cross-examination of the plaintiff, as held by the Full Bench in paragraph 76 of the Judgment in Hemendra Rasklal Ghia Vs. Subodh Mody (supra). The trial Court shall deal with the objection in the light of the observations made by the Full Bench so also in the light of the Judgment in M/s Conwood Agencies Pvt Ltd (supra). With these observations, the writ petition is disposed of. It is needless to state that in view of this order, the impugned order, insofar as the objection of the 3 petitioners as to admissibility of the document for want of its registration, renders ineffective. (D. B. Bhosale, J.)