RAJESH KUMAR Vs. GAJENDRA KUMAR

JUDGEMENT

(1.) WITH consent heard finally. The petitioner has filed this petition under Article 227 of the Constitution of India against the order dated 10.11.2005 (Annexure P-1) and the order dated 14.12.2006 (Annexure P-2) passed by the II Additional District Judge, Ratlam in Civil Suit No. 2A/2006, whereby the learned Judge has rejected the petitioner's applications filed under section 41 and section 38 (2), respectively, of the Indian Stamps Act, 1899 (for short the Act).

(2.) BRIEFLY stated the petitioner filed a Civil Suit No. 20.2.2006 for specific performance of an agreement to sale dated 15.12.2005 against the respondents. On being noticed the respondents appeared before the trial Court and filed their written statement. After filing of his affidavit under Order 18 Rule 4 of the Code of Civil Procedure (for short CPC), the petitioner moved an application seeking return of the original agreement dated 15.12.2005 stating therein that the same is not sufficiently stamped and, therefore, it be returned to him so that he may approach before the Collector of Stamps for making deficit stamps good under the provisions of section 41 of the Act.

(3.) THE trial Court rejected the petitioner's applications on the ground that as since the document has been filed in the Court and as the said document contains the valuation of the suit property, there is no necessity of sending the same to the Collector. It also held that the provisions of section 41 of the Indian Stamps Act are attracted only when the matter is not pending before the Court and where the valuation of the property is not mentioned in the documents.