HASMUKH JAIN Vs. SUDHA

JUDGEMENT

(1.) BEING aggrieved by the order dated 03/10/12 passed by IX A.D.J., Indore in Civil Suit No. 55 -B/10 whereby application filed by the petitioner for taking the document admissible in evidence was dismissed, present petition has been filed. Short facts of the case are that the petitioner filed a suit for recovery of Rs. 3,85,250/ - alleging that the petitioner entered into an agreement to purchase the plot in dispute vide agreement dated 22/11/08 for a consideration of Rs. 19,50,000/ - and paid earnest money of Rs. 3,01,000/ -. It was alleged that since the respondent is not executing the sale deed in favour of petitioner, therefore, petitioner is entitled for refund of amount. It was prayed that decree be passed in favour of petitioner. The suit was contested by the respondent on various grounds including on the ground that it is only Rs. 21,000/ - which has been received by the respondent. It was prayed that the suit be dismissed. After framing of issues, at the stage of evidence petitioner tried to exhibit the agreement dated 22/11/08 in evidence, which was objected by the respondent. Thereafter an application was filed by the petitioner to take the document in evidence, which was dismissed, hence this petition.

(2.) LEARNED counsel for the petitioner argued at length and submits that the impugned order is illegal, incorrect and deserves to be set aside. It is submitted that the document which is filed by the petitioner is on stamp paper of Rs. 100/ - and since it is only a receipt, therefore, it requires stamp duty of Rs. 1/ -. Learned counsel placed reliance on definition of 'Receipt' laid down under Section 2(23) of Indian Stamp Act, 1899, which reads as under: -

(3.) LEARNED counsel submits that in view of the aforesaid since the document is receipt and suit is for refund of amount, therefore, learned Court below was not justified in dismissing the application filed by petitioner. It is submitted that the petition be allowed and impugned order passed by the learned Court below be set aside.