SHEIKH AKBAR Vs. SAMEER KUMAR PAUL

JUDGEMENT

(1.) THIS revision is directed against the order, dated 15 -7 -1996, passed by Ist Civil Judge Class -II, Jabalpur, in Civil Suit No. 356 -A/94.

(2.) IT is not necessary to give the facts of this case in detail. The non -applicants Nos. 1 and 2 examined their father for proving their title to a document styled as a release -deed. The applicants objected to the admissibility of that document on two grounds. One that this document was not mentioned in the plaint nor was the witness summoned to produce this document and the second on the ground that document was not properly stamped as it is a sale -deed and not a release -deed. Objection was raised Under Section 35 of the Indian Stamp Act. This document is annexed as document No. 1 to the memo of revision. The trial Court made the following observations : .........[vernacular ommited text]........... Thereafter, by the impugned order, the trial Court decided the question of admissibility as follows : .........[vernacular ommited text]...........

(3.) THE counsel for the applicant, on the other hand, contends that the trial Court has not admitted the document considering the objection regarding the stamp duty. But the impugned order, the trial Court has not decided the objection at all and for this reason, the revision is maintainable.