NARASAMMA Vs. ARJUN M MENDA

JUDGEMENT

(1.) This is a defendants' revision petition against an order dated 18-2-1995 passed on LA. No. XII in O.S. No. 10234 of 1983 on the file of the Court of the X Additional City Civil Judge, Mayo Hall, Bangalore.

(2.) After hearing the learned Counsel for the parties on admission, since I find that the matter can be finally disposed off at this stage itself, it is taken up for final orders.

(3.) The 1st respondent/plaintiff filed the suit in O.S. No. 10234 of 1983 against the petitioners/defendants 1 and 2 and respondents 3 to 5 who were defendants 3 to 5 respectively for the relief of specific performance of an agreement to sell. The defendants resisted the suit. During the course of the recording of the deposition of the plaintiff, the plaintiff tendered a letter dated 4-11-1980 to be marked in evidence. It was not a stamped document. It was marked as Ex. P-1. The case was adjourned for cross-examination. At that juncture, the defendants 1 and 2 filed the application I.A. No. XII under Section 34 of the Karnataka Stamp Act, 1957 (hereinafterwards referred to as 'the Act') read with Section 151 of the Code of Civil Procedure praying :