MUNIVENKATAMMA Vs. GANGA ANJANAMMA

JUDGEMENT

(1.) I have heard the learned counsel for the parties.

(2.) The plaintiff filed an application under Section 151 of CPC requesting the trial Court to permit him to take back the agreement with liberty to produce the same before the Deputy Commissioner for adjudication of the duty and penalty. The Court below has dismissed the application by order at Annexure-F dated 14.03.2012 and directed the office to calculate the duty and penalty payable on the said document. The office has determined the duty and penalty at Rs.1,83,425/-. Instead of depositing the said amount before the trial Court, the petitioner has challenged the validity of the said order in this writ petition.

(3.) It is not the case of the petitioner that duty and penalty determined by the Court below is erroneous or excessive. The only contention of the learned counsel for the petitioner is that trial Court ought to have permitted the plaintiff to take back the agreement to enable him to produce before the Deputy Commissioner, under the Karnataka Stamp Act, 1957 (for short 'Stamp Act') and get the duty and penalty determined and thereafter to produce the same before the trial Court.