K.KALIMUTHU SERVAI Vs. M.BALAMANI

JUDGEMENT

(1.) The memorandum of grounds of civil revision is directed against the Order dated 23.01.2004 and made in O.S. No. 126 of 2002, on the file of the learned Principal Subordinate Judge, Villupuram. The respondent herein has filed the suit in O.S. No. 126 of 2002 as against the revision petitioner herein for the recovery of a sum of Rs. 1,36,000/- with subsequent interest at the rate of 12% per annum.

(2.) The revision petitioner has contested the suit by filing his written statement. After framing necessary issues, the suit stood posted for trial on 12.01.2004.

(3.) It is obvious to note here that the above suit has been filed based on a demand promissory note dated 23.12.1998. When the plaintiff was in the box, the demand promissory note dated 23.12.1998 was tendered to be marked as a documentary evidence on behalf of the plaintiff. While so, it was vehemently objected to by the learned counsel for the revision petitioner/defendant contending that the demand promissory note dated 23.12.1998 was not properly stamped and therefore it was not admissible in evidence as contemplated under Section 35 of the Indian Stamp Act, 1899.