SHANTILAL Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the order dated 3-12-2008, passed by the Court of 1st Additional Distt. Judge, Ratlam in case No. 8-B/2008 holding the document dated 16-10-2002 to be bond and directing the plaintiff to pay appropriate Stamp duty as per the provision of indian Stamp Act before admitting the document in evidence.

(2.) THE petitioner (plaintiff) has filed the suit for recovery against the respondent (defendant) on the basis of the document in question dated 16-10-2002. The Trial Court by the order dated 3-12-2008 examined the nature of the document and held it to be bond and further held that as per Article 12 of schedule I -A of the Indian Stamp Act duty was payable at the rate of 4% whereas the document was executed only on the Stamp of Rs. 100/- which was not on adequate Stamp, therefore, not admissible in evidence. The Trial Court directed the petitioner to pay proper stamp duty and penalty as per the provisions of Stamp Act before admitting the document in evidence. Aggrieved with this order petitioner has filed the present writ petition under Article 227 of the Constitution of India.

(3.) LEARNED Counsel appearing for the petitioner submitted that the trial Court has committed an error in treating the document in question to be a bond whereas the document is only an agreement which has been executed on proper Stamp paper.