SANDRA LESLEY ANNA BARTELS Vs. P. GUNAVATHY

JUDGEMENT

(1.) This writ petition is referred to the Bench pursuant to an order dated 11.10.2012 passed by a learned single Judge of this Court.

(2.) The question that arose before the learned Judge in the writ petition is in respect of "impounding an insufficiently stamped document". According to the defendant, in view of Section 33 of the Karnataka Stamp Act, 1957, the moment an insufficiently stamped document is produced before the Court, Court has to impound the same. It was contended by the plaintiff that, the question of impounding of an insufficiently stamped document would come into play only when a party intending to rely upon such document tenders in his evidence.

(3.) The learned City Civil Judge considering the rival contentions relying upon the judgment of this Court in Lakshminarayanachar vs- Narayan and another reported in 1969 (2) MLJ 299 rejected the contention of the defendant holding that, Court can impound the document only when the same is tendered during the course of the evidence.