SANGEETA MANGAL Vs. SAMTA JUNEJA AND OTHERS

JUDGEMENT

(1.) The plaintiff/petitioner is aggrieved by order of Court below whereby her two receipts were not permitted to be exhibited. During the examination-in- chief of plaintiff witness, viz., Smt. Sangeeta Mangal, three documents were placed on record. Plaintiff wanted to mark these documents as exhibits. The defendant raised objection that said documents/receipts cannot be marked as exhibits because the same are not duly stamped. In response to this objection, the plaintiff contended that she is ready to pay requisite penalty on the same. The Court below heard the objections and passed the impugned order whereby one document Annexure P-5 dated 6.7.2006 is permitted to be marked as exhibit, whereas the other two receipts, Annexure P-4 dated 23.2.2006 and Annexure P-6 were not permitted to be marked as exhibits. The sole reason assigned for rejecting the prayer of plaintiff is that as per the scheme of the Stamp Act, the receipt is admissible only when proper stamp is affixed on it and the person who has received the payment has put his signature. In absence thereof, it cannot be marked as exhibit.

(2.) Shri D.K.Agrawal, learned counsel for the petitioner criticized this order. By taking this Court to various provisions of the Stamp Act, it is contended that the order of Court below runs contrary to Section 35(b) of the Stamp Act.

(3.) Prayer is opposed by Shri Sanjay Sharma, Advocate. He supported the order of court below.