OMPRAKASH KUSHWAH Vs. SHANTI DEVI

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, petitioner has challenged the order dated 03/05/2010, whereby his application under Order 13 Rule 3 CPC is rejected.

(2.) SHRI Harish Dixit learned counsel for the petitioners submits that Annexure-P/3 is a decree of partition and was required to be properly stamped as per provisions of the Stamp Act. He submits that the Court below has not assigned any reason while rejecting the application. By placing reliance on Section 2(15) of the Indian Stamp Act read with Schedule 1 (A) and Item 43 learned counsel submits that advolerem Court fees should have been paid by the respondents. By placing reliance on (2009) 2 SCC 532 Para 23 [Avinash Kumar Chauhan Vs. Vijay Krishan Mishra], it is submitted that even if said document was sought to be used for collateral purpose, it was required to be duly stamped as per Section 35 of the Stamp Act.

(3.) I have heard learned counsel for the parties.