BISWA SARATHI GHOSH Vs. PRAHLAD CHANDRA SINGHA

JUDGEMENT

(1.) CHALLENGE is to the order no.55 dated August 21, 2010 passed by the learned Civil Judge (Senior Division), 1st Court, Hooghly in Title Suit No.249 of 2000 thereby disposing an application filed by the plaintiff for lowering the amount of penalty in respect of impounding of a document.

(2.) THE plaintiff / opposite party herein instituted a suit being Title Suit No.35 of 2003 against the petitioners before the 1st learned Civil Jude (Senior Division), Court, Hooghly for specific performance of contract, permanent injunction etc.

(3.) UPON hearing the learned counsel for the parties and on going through the materials on record, I am of the view that this application has been filed to frustrate the object of filing the suit for specific performance of contract. So far as the Court- fee concerned, it is a matter between the Court and the plaintiff and the defendant is entitled to point out, if deficit court-fees are paid. In the instant case, when a document is filed without proper valuation and stamp thereon, the court may send the same to the Collector for determination of the actual valuation, the stamp duty payable thereon and the penalty for impounding the document. The maximum amount of penalty is ten times of the deficit court- fees. But it is within the discretionary power of the Court to determine the quantum of amount to be paid by the plaintiff over the penalty. This has been clarified in an unreported decision in C.O. No.4424 of 2007 passed by a Single Bench of this Hon'ble Court on April 15, 2008. Therefore, according to this decision, the Court has the exclusive jurisdiction to determine the quantum of penalty subject to the maximum of 10 times of the same. In the instant case, the learned Trial Judge directed that beside the actual deficiency of the stamp duty, the plaintiff was required to pay a sum of Rs.20,000/- as penalty.