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Gurmel Singh vs. Bhola Singh @ Sukhdev Singh & Ors.

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Code of Civil Procedure, 1908–Order 13, Rule 3–Registration Act, 1908–Sec. 49–Specific Relief Act, 1963–Sec. 12–Transfer of Property Act, 1882–Sec. 58(c)–Order of de-exhibit of document–Under challenge–Suit for specific performance–Document produced by the petitioner is styled as an agreement of sale, records the advancement of a cash loan and secures repayment by providing a stipulation for transfer of land in the event of default–It was not an agreement of sale, rather a conditional sale u/s. 58(c) of T.P. Act–Document was not registered, and it was not admissible even for a collateral purpose–Held, Trial Court rightly entertained the objection and de-exhibited the document.