SYED NAWABJAN Vs. GUNDALA SURESH REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the constitution of India aggrieved by the order dated 3-9-2002 passed in I.A.No.790 of 2002 in C.P.No.2201 of 2002 in O.S.No. of 2002 by the Principal Senior Civil Judge, Nellore.

(2.) The petitioner herein who is the plaintiff, filed the said unnumbered suit against the respondent herein based on the letter executed by the respondent in favour of the petitioner for recovery of the borrowed principal amount along with the interest thereon. The office of the Trial Court took an objection with regard to the maintainability of the suit, as the Bond said to have been executed by the defendant is not stamped and registered. Therefore, unless the stamp duty and the penalty is paid the suit cannot be mumbered.

(3.) On the said office objection. The petitioner filed the said I.A.No.790 of 2002 under Section 31 of the Indian Stamp Act to send the said document to the District Collector, Nellore, for impounding the same for the purpose of collecting deficit stamp duty and penalty thereon.