ESSAKI Vs. S ROYAPPAN

JUDGEMENT

(1.) THE defendants in OS, No. 66 of 1987, Additional District Munsif's Court, Tirunelveli, are the petitioners in this Civil Revision Petition, which is directed against the order passed by the Court below allowing I.A. No. 1835 of 1989 filed by the respondent herein praying that the respondent, who had been earlier examined, should be recalled and further examined and to mark in evidence the instrument, on the basis of which the suit had been instituted.

(2.) IN O.S. No. 66 of 1987, the respondent had prayed for the relief of recovery of a sum of Rs. 5,420 from the petitioners on a promissory note. That promissory note had been executed on a stamp paper of the value of Rs. 2.50. The petitioners raised an objection that the document on the basis of which the suit had been instituted by the respondent was not a promissory note, but that objection was overruled. However, the instrument as such had been omitted to be marked in evidence when the respondent was e xamined as P.W. 1 and in I.A. No. 1835 of 1989, the respondent prayed that he should be recalled and the document on the basis of which the suit had been laid, should be marked in evidence IN opposition to this, the petitioners raised the plea that the promissory note sued upon was not duly stamped in accordance with the provisions of the INdian Stamp Act (hereinafter referred to as ?the Act?) and the Rules framed thereunder and, therefore, under S. 35 of the Act, the document could not be received in e vidence. The Court below held, relying upon P. Moorthy v. A.R. Kothandaraman 1 that the instrument in question had been properly stamped under the provisions of the Act and the Rules and that S. 35 of the Act was not a bar to the document being received in evidence. IN that view, the Court below allowed the application filed by the respondent and directed that the respondent should be recalled for further examination for marking document in evidence. It is the correctness of this order that is challenged in this Civil Revision Petition.