SANJAY JAIN Vs. GULABCHAND MALLAIYA

JUDGEMENT

(1.) BY this petition the petitioner has impugned order dated 6.7.2005 (Annexure P -6) passed by Fifth Additional District Judge, Satna in civil Suit No.1 -B/2002 rejecting the petitioner's/defendant's objection to the acceptance of a document filed by the defendant in the suit has been improperly stamped.

(2.) FACTS of the case are that the respondent/plaintiff had filed a suit for recovery of Rs.1,10,500/ - against the petitioner/defendant. The defendant/petitioner objected to the document on the basis of which recovery was being 'claimed stating that the document would either be covered under Art. 13 (c) or Art. 49 of the Indian Stamp Act, 1899 and the proper stamp duty payable was Rs.200/ - whereas the document was written on a stamp paper of Rs.1/ - only thereby requiring impounding and that the document impugned was either a promissory note or a pill of exchange. Moreover, the counsel also contended that the document could not be impounded under section 39 of the Indian Stamp Act, 1899. However, the trial Court had rejected the contention of the petitioner/defendant.

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