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 06. 11. 2004 (not admitted in evidence) on the ground that it does not bear the proper stamp duty; it has also dismissed the plaintiff's 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 Annexureg.

(3.) IT is not in dispute that the document dated 06. 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 ('the Stamp Act') which reads as follows: 33. Examination and impounding of instruments.-