cw-7331/2009-Smt. Phool Kanwar Vs. Ishwar Singh Judgment dt.27.7.09 1/3 S.B. CIVIL WRIT PETITION NO.7331/2009 Smt. Phool Kanwar Vs. Ishwar Singh Date of order : 27th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vinay Jain for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 24.4.2009 whereby the learned trial court in suit for specific performance has held that the agreement in question dated 16.8.1985 which was not adequately stamped may be admitted in evidence only after proper stamping of the same subject to payment of deficit stamp duty with penalty by the plaintiff. The other agreement dated 8.12.1984 which was also an unregistered document was allowed to be admitted only for collateral purposes. 3. Learned counsel for the petitioner-defendant relying upon the decision of the Hon'ble Supreme court in Avinash Kumar Chauhan Vs. Vijay Krishna Mishra – 2009 (1)WLC (SC) 562 submitted that once the document which is required to be registered cw-7331/2009-Smt. Phool Kanwar Vs. Ishwar Singh Judgment dt.27.7.09 2/3 is found to be unregistered, the same cannot be admitted in evidence for any purpose and, therefore, the learned trial court has erred in passing the impugned order contrary to the said Hon'ble Supreme Court decision. 4. Having heard learned counsel and on consideration of the judgment cited at the Bar, this Court is of the opinion that the said judgment is of no avail to the petitioner-plaintiff. It was the main agreement on which the suit for specific performance is sought to be based which is according to the plaintiff dated 16.8.1985 for which he has agreed to pay the deficit court fee with penalty and thereupon the same may be admitted in evidence. The other agreement dated 8.12.1984 is sought to be used only for the collateral purpose. In the case before the Hon'ble Supreme Court, there was only one agreement which though required to be registered was not so registered and, therefore, the Apex court held that the same cannot be admitted in evidence for all purposes. 5. This Court finds that for collateral purposes, the agreement dated 8.12.19948 could be admitted in evidence whereas for the main agreement has been agreed to be properly stamped by the plaintiff himself. Therefore, there is no error in the impugned order cw-7331/2009-Smt. Phool Kanwar Vs. Ishwar Singh Judgment dt.27.7.09 3/3 of the learned trial court. 6. The writ petition is found to be devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.10 babulal/