CHETAN KUMAR Vs. NATHUSINGH

JUDGEMENT

(1.) Being aggrieved by the order dated 6-7-2006 passed by Additional District Manasa in Civil Suit No. l-B/2006 during the course of recording of statement, the present petition has been filed.

(2.) Short facts of the case are that the petitioner filed a suit against the respondents on 20-6-2005 for realization of Rs. 2.96.400/- alleging that respondent took a loan of Rs. 2.32.700/- on 19-6-2002 and executed the promissory note in favour of the petitioner, which is duly signed by the witnesses. Further case of the petitioner was that the amount was payable along with interest on demand. It was alleged that in spite of demand the amount was not paid. Hence, the suit was filed. Suit was contested by the respondents on various grounds including on the ground that the alleged document is not duly stamped. It was prayed that suit be dismissed.

(3.) On the basis of pleadings of the parties, learned trial Court framed the issues and fixed the case for evidence. During the course of Examination-in-Chief of the petitioner on 6-7-2006, when the questioned document promissory note was put for evidence, the learned Court below made an observation that on the document it is mentioned as 'Promissory Note', but as per the contents, the amount is payable on demand or order and the said document is counter signed by the witnesses Shyamlal Purva, therefore, the said document contains the ingredients of Promissory Note under Section 2(22) and also bond under Section 2(5) of the Indian Stamp Act. In the circumstances it was held that petitioner is liable to pay the stamp duty payable under the provisions of Indian Stamp Act treating the document as bond. Being aggrieved by the Impugned order, the present petition has been filed.