SHYAMLAL TULSIRAM SAHU Vs. RAMBAI GANGARAM SAHU

JUDGEMENT

(1.) The petitioners/plaintiffs have challenged the order passed by the I st Civil Judge Class-I, Dhamtari, in Civil Suit No. 158A/2013 dtd. 23/8/2017, whereby an application moved by the plaintiffs under Sec. 151 of the CPC for impounding of the document was rejected.

(2.) The facts of the present case are as under:-

(3.) Mr. Somnath Verma, would argue that the application for impounding of the documents was moved before the concerned Court and the course available to the said Court was to impound the document after adjudicating the deficit stamp duty and thereafter to send the document to the Collector (Stamp) to recover the deficit stamp duty. He would contend that the power of the Collector (Stamp) under Sec. 48B of the Stamp Act is entirely different from the power of the Court under Sec. 33 of the Stamp Act. He would further submit that the Collector (Stamp) refused to pass any order for recovery of deficit stamp duty referring to the bar contained in the Sec. itself, but there is no such bar in Sec. 33 of the Stamp Act and still the Court can exercise the power to impound the documents. To buttress his arguments, he has placed reliance on the judgment passed by the Hon'ble Supreme Court in the matter of Black Pearl Hotels Private Limited v/s Planet M Retail Limited, reported in (2017) 4 SCC 498.