G.M. SHAHUL HAMEED Vs. JAYANTHI R. HEGDE

JUDGEMENT

(1.) The substantial question arising for decision in this civil appeal is whether upon admission of an instrument in evidence and its marking as an exhibit by a court (despite the instrument being chargeable to duty but is insufficiently stamped), such a process can be recalled by the court in exercise of inherent powers saved by sec. 151 of the Code of Civil Procedure [CPC, hereafter] for the ends of justice or to prevent abuse of the process of the court.

(2.) Assail in this civil appeal is to the judgment and order dtd. 26/9/2011 [impugned order, hereafter] passed by a learned Single Judge of the High Court of Karnataka at Bengaluru [High Court, hereafter] whereby His Lordship set aside the order dtd. 19/10/2010 passed by the Court of Additional Senior Judge-III, Mangalore [Trial Court, hereafter] and allowed the petition [Writ Petition No. 11653 of 2011 (GM-CPC)] preferred by the respondent under Article 227 of the Constitution.

(3.) The facts, relevant for the disposal of the present appeal, are adverted to in brief hereunder: