SBCWP NO.478/2008– JAGDISH PRASAD AND ANR. V/S THE DIST. JUDGE, CHURU AND ORS. . : ORDER DATED 26.8.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.478/2008 Jagdish Prasad and another. versus The District Judge, Churu and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Sandeep Shah, for the petitioner Mr.Manish Shishodia, for the respondents. DATE OF ORDER : 26th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the parties. 3. This petition is directed against the order dtd.24.1.2007 whereby the learned trial Court has rejected the defendant's application on the objection that the document, namely, agreement dtd.31.10.1980 claimed to be mortgage-deed was not stamped according to law and was, therefore, not admissible in evidence. The SBCWP NO.478/2008– JAGDISH PRASAD AND ANR. V/S THE DIST. JUDGE, CHURU AND ORS. . : ORDER DATED 26.8.2008 2/2 learned trial Court has postponed determination of this objection at the time of final arguments of the suit itself. The suit is fixed for plaintiffs' evidence and cross-examination of the plaintiffs. The learned counsel for the petitioner – defendant has relied upon the judgment of this Court in the case of Jagdish Prasad V/s Hanuman Das and ors. - S.B. Civil Writ Petition No.398/2007 decided on 1.5.2008, wherein this Court held that it is not the question of mere relevancy of document, but if objection is raised as to the admissibility of the document itself for want of proper stamp duty or for want of registration, the said objection ought to be decided on merits in accordance with law at that stage itself and the same cannot be postponed. 5. In view of the decision of coordinate Bench of this Court, this writ petition is allowed and the impugned order td.24.10.2007 is set aside and the learned trial Court is directed to decide the objection of the defendant in accordance with law. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.3 Ss/-