SUBRAMANIAM Vs. GUNASUNDARI

JUDGEMENT

(1.) ANIM adverting upon the order dated 11.3.2008 passed in I.A.No,216 of 2007 in O.S.No,351 of 2004 by the Second Additional Subordinate Judge, Erode, this civil revision petition is filed.

(2.) A 'resume' of facts which are absolutely necessary and germane for the disposal of this revision petition would run thus: The respondent/plaintiff filed the suit O.S.No,351 of 2004 for partition. During trial a document was sought to be marked on the petitioner/defendant's side. At that time, there was objection and consequently, the said document was prevented from being marked. Whereupon C.R.P.No.1526 of 2006 was filed and it was allowed with certain directions. Whereupon the trial Court sent the impugned document to the Collector for assessing the Stamp duty and penalty under Section 35 of the Indian Stamp Act (herein after referred to as the 'Act' in short). The Collector simply assessed the value of the stamp duty payable and sent back the document to the Court. Whereupon the Court directed the party concerned to pay the stamp duty.

(3.) WHEREAS the learned counsel for the respondent/plaintiff would refute the contentions as put forth on the side of the petitioners/defendants.