A.N. PUTTAMALLAIAH Vs. KEMPAMMA

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 19.04.2012 passed in O.S. No. 87/2005.

(2.) The petitioner herein is the plaintiff in the said suit. The defendant herein had been placed ex parte at the first instance. At this stage, the plaintiff had produced a document and marked the same in evidence. On the ex parte order being set aside, the defendant has been provided an opportunity to contest the suit. The defendant at that stage filed an application under order VII Rule 11 of CPC seeking rejection of the plaint on the ground that the suit is filed based on a document which is insufficiently stamped and application under Section 151 of CPC was also filed. In that regard, the agreement dated 25.05.1987 was contended to be insufficiently stamped.

(3.) The Court below by the order impugned herein though arrived at the conclusion that the rejection of the plaint on that basis cannot be made and the application under Order VII Rule 11 of CPC cannot be allowed to dismiss the suit has however arrived at the conclusion that the document on the face of it is insufficiently stamped and in that context has allowed the application filed under Section 151 of CPC. At the outset, it is to be noticed that in the application filed under Section 151 CPC, the defendant had contended that the plaintiff be directed to pay the penalty in respect of the agreement dated 25.05.1987.