MANOJ SHIVHARE Vs. SUNIL KUMAR KHANDELWAL

JUDGEMENT

(1.) I his petition filed under Article 227 of the Constitution assails the order dated 4.10.2012 whereby the application of defendants No. 1 and 2 filed under sections 35 and 38 of Indian Stamp Act was decided.

(2.) THE plaintiff filed a suit for specific performance of contract. In the said suit, he filed certain documents. Agreements dated 1.11.2010 (Annexure P -3) and 22.9.2011 (Annexure P -4) were filed by the plaintiff. The application was filed by defendants No. 1 and 2 contending that the said agreements are not duly stamped as per section 35 of the Stamp Act. Unless these documents are duly stamped and penalty is paid, these documents cannot be considered by the Court. Prayer was made to impound these documents as per section 35 of the Act.

(3.) PRAYER is opposed by filing reply dated 17.7.2012. The Court below by impugned order opined that the said documents/agreements are not duly stamped. After proper stamping of these documents only, the same can be admitted. Accordingly, plaintiff was directed to pay requisite stamp duty and penalty in consonance with sections 35 and 38 of the Stamp Act. Assailing this order, it is contended by Shri A.V.Bharadwaj that the documents were merely filed by the plaintiff. He is not signatory to the first agreement (Annexure P -3). At this stage, the plaintiff has not even decided whether he would like to rely on the said documents tor the purpose of evidence. Thus, it is contended that the Court below has erred in issuing the impugned directions at this stage.