SUKHRAM DEWANGAM Vs. RISHI AGRAWAL

JUDGEMENT

(1.) The question involved in this writ petition is whether the document filed by the respondent/plaintiff styled as "Ikrarnama'' dated 09.02.2015 is a bond as defined under section 2(5)(b) of the Indian Stamp Act, 1899 (hereinafter called as "Act of 1899") or it is an agreement under section 2(e) of the Contract Act, 1872 (hereinafter called as "Act of 1872").

(2.) The respondent/plaintiff filed a suit for recovery of Rs. 50,000/- from the petitioner/defendant along with agreement dated 09.02.2015, in which the petitioner/defendant filed an application under Section 35 of the Act of 1899 that the document i.e. agreement is not duly stamped as it is falling within the meaning of Section 2(5) of the Act of 1899, therefore, it is not admissible in evidence and it will not be adjudicated, which was opposed by the respondent/plaintiff by filing objection as it is said to be an agreement.

(3.) By the order impugned, the Trial Court has held that it is an agreement duly stamped and duly executed and rejected the application filed by the petitioner/defendant.