JAGDISH KUMAR KHEMKA Vs. MADAN MOHAN GOSWAMI

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order dated November 23, 2009 passed by the learned Civil Judge (Senior Division), 8th Court, Alipore in Title Suit No.6 of 1999 thereby directing the plaintiff to pay the penalty over the deficit Court fees and accordingly directing the Sheristadar to calculate the quantum of penalty on the duty paid and to furnish a report by the next date. Being aggrieved, the plaintiff has preferred this application.

(2.) The plaintiff/petitioner herein instituted the aforesaid title suit for specific performance of an agreement dated August 16, 1996. The question of marking the said document as exhibit arose at the time of the trial of the suit and the learned Trial Judge directed earlier to pay the stamp duty on the amount valued by the plaintiff supported by an affidavit. Accordingly, the plaintiff valued the suit property at Rs.20,00,000/- and he paid the stamp duty to the tune of Rs.2,00,000/- only thereon. By the impugned order the learned Trial Judge has observed that the plaintiff was required to pay the penalty thereon in compliance with Section 35 of the Indian Stamp Act. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.