SANTDAS MOOLCHAND JHANGIANI Vs. SHEODAYAL GURUDASMAL MASSAND

JUDGEMENT

(1.) THIS is a revision application against an order dated 2nd December, 1969, passed by the learned Civil Judge, Senior Division, Nagpur. By this order he has decided a preliminary issue, being issue No. 8 in the suit, as to whether the document which the parties described as a deed of dissolution of partnership, or, in so far as it pertained to payment or certain amounts of money by the continuing partner to the outgoing partners, it was also a bond within the meaning of Section 2 (c) (ii) and Article 13 of Schedule I of the Bombay Stamp Act, 1958.

(2.) THE two plaintiffs and the defendant entered into a partnership under a deed of partnership dated 11th June, 1960 and carried on partnership business in Nagpur and Bhopal in the name and style "messrs. Oriental Engineering Company". They decided to dissolve this partnership with effect from 1st April, 1966, settle the accounts of the partnership, and provide for the defendant continuing the partnership business, payment of amounts found due to the outgoing partners and several other matters. On 5th July, 1966 they reduced what they called "the terms of dissolution" to writing. The interpretation of this writing which has been described by the parties as a deed of dissolution is the subject-matter of this revision application,

(3.) IT appears that the plaintiffs to whom certain amounts were payable under this document filed a suit for recovery thereof in the Court of the learned Civil Judge, Senior Division, Nagpur. After the issues were framed -- and one of them being as to the proper stamp payable on this document, the learned trial Judge decided that it was not only a deed of dissolution but also a bond and should he stamped as such. He impounded the document under Section 33 of the Bombay Stamp Act, 1958, and asked the plaintiffs to pay the deficit stamp duty and penalty under Section 34 of this said Act before the said document was admitted in evidence. It is against the said order that the present revision application has been filed.