GADDAM VARALAXMI Vs. SURAKANTI GANGU

JUDGEMENT

(1.) This civil revision petition is filed by the plaintiff in O. S. No. 14 of 2008 on the file of the learned Senior Civil Judge, Jagtial, feeling aggrieved by the docket order, dated 15.07.2011, in the said suit, whereby the learned Judge has refused to mark the document, dated 22.04.2005, in evidence on the ground that the same is insufficiently stamped promissory note and hence, not admissible even after payment of required stamp duty and penalty.

(2.) The petitioner filed the suit for recovery of amount of Rs. 2,32,603/- from the respondent on the foot of a document, dated 22.04.2005. When he has filed affidavit in lieu of examination-in-chief and filed the said document along with the affidavit, the lower Court has made the following endorsement: "As per Sch. I of Art. 49(9)(iii) of A. P. Stamp Act, 1899, in promissory note which exceeds Rs. 1,000/-, the required stamp duty is Rs. 0.25 ps which is equivalent to Rs. 3/- and (10) times penalty is Rs. 30/-. Thus, the total amount impounded is Rs. 33/- which has been collected on 06.02.2008 through lodgement. "

(3.) In compliance with the above-noted direction of the lower Court, the petitioner has paid stamp duty and penalty and the document was accordingly impounded.