MENDA JOGA RAO Vs. VARANASI HARINADHAM

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of order dated 26.06.2010 in O.S.No.169 of 2007 on the file of the Principal Senior Civil Judge, Srikakulam (for short, "the lower Court").

(2.) THE defendant in the suit is the petitioner. THE respondent filed O.S.No.169 of 2007 in the lower Court for recovery of a sum of Rs. 1,89,446/- along with interest @ 12% per annum. During the trial, the petitioner has raised an objection to the admission of the suit document on the plea that the same, which was described as a 'receipt' by the respondent - plaintiff, is in the nature of a 'bond' and that having not been properly stamped, the same is not admissible in evidence. THE lower Court, after considering the recitals of the document, rejected the said plea of the petitioner. Hence, the Civil Revision Petition.

(3.) THE definitions of 'bond' and 'receipt' under Sections 2(5) and 2(23) of the Indian Stamp Act, 1899 respectively are as under: