- (1.)The present writ petition has been preferred under Article 226 of the Constitution of India against an order dated 24th of September. 2007, passed by Munsiff, Khunti, Distt:-Khunti, in Title suit No. 26 of 1989, whereby the trial Court has not given Exhibit number, to the documents annexed with an affidavit for Examination-in-Chief.
(2.)Deeds of exchange were annexed with Examination-in-Chief Affidavit. The said deeds of exchange are unregistered documents, but, signed by the predecessor-in-title of the present petitioner (original plaintiff), as alleged by the learned counsel for the petitioner and as Exhibit numbers were not given by the trial court vide impugned order the present writ petition has been preferred. There is no dispute as to deficit stamp duty on these three documents, but. only dispute raised by original defendants was pertaining to need of registration of these documents. Whereas original plaintiff's submission before trial court was : as these documents are properly stamped and as they are thirty years old documents, they must be given Exhibit numbers and there is no need of registration of these documents.
(3.)I have heard learned counsels for both the sides. Some of the respondents are served, but, they have not chosen to remain present before this Hon'ble Court.