MAHENDRA KUMAR Vs. MEERA BHARGAVA

JUDGEMENT

(1.) HEARD .

(2.) THIS petition under Article 227 of the Constitution of India by the defendant/petitioner is filed challenging the legality, validity and propriety of the impugned order dated 20/02/2014 passed in civil suit No. 8A/2012 by Civil Judge, Class -II, Bhitarwar, District Gwalior.

(3.) THE petitioner has filed an application under section 35 of the Indian Stamp Act, 1899 (hereinafter referred to as 'the Act') on the premises that the aforesaid document reflecting receipt of amount mentioned therein by the petitioner/defendant is in fact a receipt within the meaning of section 2(23) of the Act and the same having not been stamped in accordance with the provisions of the Act under article 1 of Schedule I of the Act, the same is not admissible in evidence. The application was resisted by the respondent/plaintiff asserting that the said application has not been filed bona fidely but only with a view to delay the proceedings.