P RAMESH Vs. SHAIKBEGUM BEE

JUDGEMENT

(1.) HEARD Sri K. V. Satyanarayana, the learned Counsel representing the petitioner and Sri V. Ramakrishna Reddy, the learned Counsel representing the respondents.

(2.) SRI K. V. Satyanarayana, the learned Counsel representing the petitioner had taken this Court through the contents of the affidavit filed in support of the application and would maintain that no doubt under the peculiar facts and circumstances of the case, this application is filed in the present second appeal, but however, in the light of Section 107 (2) of the Code of Civil Procedure (hereinafter referred to as "the Code" in short for the purpose of convenience), there is no bar imposed on this Court even in a second appeal to pass appropriate or suitable orders, especially, in the peculiar facts and circumstances of this case. The learned Counsel would explain that in the light of Section 38 (2) of the Indian Stamp Act (hereinafter referred to as "the Act" in short for the purpose of convenience) inasmuch as the petitioner is ready and willing to pay the stamp duty and penalty, it may be just and proper to pass appropriate orders. The learned Counsel also had drawn the attention of this Court to the relevant provisions of the Code and also relevant provisions of the Act. The learned Counsel also relied on certain decisions.

(3.) HEARD the learned Counsel.