NARLA HANMANDLOO Vs. SATPALLEY BHOOM REDDY

JUDGEMENT

(1.) This is a revision petition directed against an order of the District Munsif, Bodhan, given on 18th September, 1962, whereby he directed levy of penalty of Rs. 148-50 nP. in regard to the extract of an account book filed along with the plaint. The material facts are, that the plaintiff, who is the revision petitioner before us, instituted a suit for Rs. 1,466-12 nP. on the foot of a bond dated 28th April, 1959, which was executed for a sum of Rs. 830-12 nP. He also stated that the defendant subsequently borrowed a further sum of Rs. 156. The Court-fee Examiner after checking the plaint and the papers filed along with the plaint issued a check-slip which came up for consideration before the District Munsif. After hearing the Advocate for the plaintiff, the District Munsif held that the bond executed on a plain paper by the first defendant alone in favour of the plaintiff for a sum of Rs. 830-12 nP. on 28th April, 1959, should have been executed on a non-judicial stamp of Rs. 13-50 nP. under Article 13 of the India Stamp Act, 1959. He, therefore, directed the plaintiff to deposit the penalty amounting to Rs. 148-50 nP. It seems in so far as that document was concerned, the plaintiff had no objection to pay the penalty.

(2.) The plaintiff also filed an extract from his Ruzu Bahi relating to the accounts of the defendant in regard to the same transaction. The entry is alleged to have been signed by defendants 1 and 2. The first defendant stated that he has settled the accounts and that an amount of Rs. 830-12 nP. is found to be due and that the same will be paid with interest at the rate of Re. 1 per month. The document further states that Jangam Siddiah of Chincholu stood surety. That document is thus signed on 28th April, 1959, both by the first defendant as the debtor and the 2nd defendant as the surety. The document is attested by two witnesses. The District Munsif held that this document also should have been executed on a non- judicial stamp of Rs. 13-50 nP. as it is a ' bond ' and as it is not stamped, a penalty of Rs. 148-50 nP. is held to be leviable. It is this part of the order that is now challenged in this revision petition.

(3.) When this revision came up for hearing before the learned Chief Justice, in view of the importance of the question involved, it was referred to a Bench and that is how the revision has come to us.