OMPRAKASH KUSHWAH Vs. SHANTI DEVI

JUDGEMENT

(1.) WITH the consent of both the parties, the matter is finally disposed of. The petitioners have filed this petition against the order dated 30-11-2012 (Annexure P-1) passed by the trial Court.

(2.) THE plaintiffs produced a document Ex.P-10, a decree of Civil Court effecting partition between the parties. The petitioners- defendants raised objection about admissibility of the document on the ground that it was not properly stamped. The objection of the petitioners has been culled down by the trial Court vide impugned order. Admittedly, the document Ex.P-10 is a decree passed by the Civil Judge, Class-I, Gwalior.

(3.) CLAUSE 45 of Schedule I prescribes stamp duty on the instrument. It is in regard to ''partition instrument'' as defined in Section 2(15) of the Act. It is mentioned that the same duty as a Bond for the amount of the value of the separated share or shares of the property, has to be paid. Clause 45(c) of Schedule I is as under:-