SHYAMU NISHAD Vs. RAJENDRA SURANA

JUDGEMENT

(1.) By filing this writ petition under Article 227 of the Constitution of India, the petitioners have challenged legality & propriety of the order dated 11-10-2010 passed by the 9th Additional District Judge, Raipur in Civil Suit No.16A/2009 whereby the application for impounding the documents insufficiently stamped before receiving the same in evidence, filed on behalf of the petitioners herein/defendants No.2 & 4, has been dismissed.

(2.) I have heard learned counsel for the parties, perused the order impugned, copy of the plaint, copies of the documents, copy of order of the Collector of Stamps, Raipur and the endorsement made by the Collector of Stamps under Section 32 of the Indian Stamp Act, 1899 (for short 'the Act').

(3.) Learned counsel for the petitioners submits that as per undisputed facts of the case, the agreement is executed on 25- 3-2008 and respondent No.1 has applied for adjudication under Section 31 of the Act on or after 1-8-2008 to the Collector of Stamps, Raipur competent to adjudicate such matter. Thereafter, respondent No.1 has paid deficiency of stamps required to be paid i.e. Rs.95,515/- on or after 22-8-2008 then the Collector of Stamps has issued certificate under Section 32 of the Act relating to sufficiency of stamps. Learned counsel further submits that respondent No.1 has filed application under Section 31 of the Act for adjudication after more than three months of such execution of the document and further the Collector of Stamps has issued certificate after more than five months of such execution for which the Collector was not competent in accordance with proviso (a) to sub-section (3) of Section 32 of the Act.