G K S SHANKAR Vs. PUTTAREVAMMA

JUDGEMENT

(1.) THIS writ petition by the plaintiff is directed against an interlocutory order dated 23-1-2008 passed by the trial court - the Court of the Principal Civil Judge (Jr. Dn.), Kunigal in the suit in O. S. No. 257/2006. By the impugned order, the trial court has allowed the application filed by the defendants under Order XIII Rule 8 of the Code of Civil Procedure ('the CPC') for impounding of the document dated 6-11-2004 (not admitted in evidence) on the ground that it does not bear the proper stamp duty; it has also dismissed the plaintiff application filed for return of the said document.

(2.) I have heard Smt. Prathima Suresh, learned counsel for the petitioner and Sri b. N. Shivanna, learned counsel for the respondents and perused the impugned order at Annexure-G.

(3.) IT is not in dispute that the document dated 6-11 -2004 referred to above does not bear the proper stamp duty. To examine as to whether such a document is liable to be impounded, it is relevant to refer to Section 33 of the Karnataka Stamp Act, 1957 ('thestamp Act')which reads as follows :