KIRANBHAI MANIBHAI PATEL Vs. SOMABHAI ASHABHAI PATEL

JUDGEMENT

(1.) THE short facts of the case appears to be that the respondents Nos. 1 to 3 have filed a Suit against the petitioner for recovery of the amount as mentioned in the Suit. In the said Suit, the petitioner-defendant produced certain document which included the receipt of Rs. 2,90,000/- at Mark-41/6. The petitioner-defendant also submitted an application at Exh. 70 in the said Suit for impounding of the said receipt under the Bombay Stamp Act on the ground that the said receipt was not properly stamped. The learned Trial Judge after hearing both the sides, considered the matter and found that Bombay Stamp Act has no applicability, but Indian Stamp Act is applicable. However, since it was argued by the learned advocate appearing for the defendant that the documents and receipt be impounded under Section 34 of the Indian Stamp Act (the SAct for short), the Trial Court considered the matter and found that as the receipt is not an instrument, the order for impounding of the document cannot be passed under Section 34 of the Act, and therefore, the application was rejected vide order dated 21. 04. 2004. It is under these circumstances, the present petition before this Court.

(2.) HEARD Mr. Parikh for the petitioner and Mr. Munshi for the respondent Nos. 1 to 3.

(3.) IT appears that the whole premise of the present petition is that the Trial Court ought to have exercised the power for impounding of the documents under Section 35 of the Act, more particularly, in view of Clause (b)of the proviso which provides for Sunstamped receipt.