NAGALA DINNE ERRANNA Vs. ANGADI MODAPPA AND ANOTHER

JUDGEMENT

(1.) This Revision Petition is directed against a finding of the Court of Dt. Munsif Adoni, on a preliminary issue in a suit instituted on the foot of a promissory note.

(2.) The 1st respondent instituted a suit for recovery of certain sum of money on the foot of a promissory note. The present petitioner and his brother (the defendants in the action) pleaded inter alia that the suit promissory note, not having been properly stamped, was not admissible in evidence. There were other pleas taken by the defendants. But as this plea that the suit promissory note is not valid and is not enforceable in law would, if held, in favour of the defendants render the trial of the other issues unnecessary, it was taken up as a preliminary issue. On a consideration of the various contentions raised before him, the Munsif held that the document, having been certified to be duly stamped by the Collector, is valid and found issue No. 2 in favour of the plaintiff.

(3.) For a proper appreciation of the question which arises for consideration in this revision petition, it is necessary to read the relevant provisions of the Indian Stamp Act. Section 35, which provides that instruments not duly stamped are inadmissible in evidence, reads as follows:-