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Sarla Devi (Smt.) & Ors. vs. Ramsahay Kabra th. LR’s.

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Code of Civil Procedure, 1908–Order 18, Rule 17 r/w. Sec. 151–Application for recalling the witness and for granting the permission to exhibit the compromise decree–Dismissal of–Justification–Observation of Court below that the document was unregistered and the earlier order dated 25.09.2008 has became final–Order dated 25.09.2008 was challenged and in that proceeding direction was issued for determination of stamp duty with the liberty to respondents to raise their objection with regard to admissiblity of the decree–Plaintiff received the document in the year 2023 after being sufficiently stamped–Held, impugned order is quashed and set aside and application is allowed–Trial Court is directed to pass appropriate order for recalling the witness.