BIMAL KUMAR RAJ Vs. BIBHUTI BHUSAN RAJ

JUDGEMENT

(1.) THE instant revisional application is directed against an order being no. 88 dated 3rd February, 2011 passed by the Ld. Civil Judge, Senior Division, 1st Court at Paschim Medinipur, in O.S. no. 66 of 2002.

(2.) THE case of the petitioner in short is that the petitioner filed a suit before Ld. Court below as plaintiff. The suit was for specific performance of contract and possession. The defendant entered appearance and contested the suit. Both the parties have offered the evidences, both oral as well as documentary in support of their respective cases. The documents filed by the parties have been exhibited and marked exhibits in the suit. The parties to the suit entered into a Chukti Patra/agreement dated 2nd May, 2000 upon a stamp paper of Rs.10.00 on certain terms and conditions.

(3.) THAT on conclusion of the evidence the suit was fixed for hearing argument. Both the parties advanced their arguments, and Ld. Judge was transferred before delivery of judgment. A new Judge joined and took up the case for hearing argument afresh. At this juncture the defendant/opposite party filed an application under Section 151 of the Code of Civil Procedure praying for expunging Exhibit 7 that the agreement in question on the ground that the same was not properly stamped. The said petition was heard on contest and finally the Ld. Court below, vide order no. 88 dated 3rd February, 2011, has been pleased to hold that such a Chukti Patra is an agreement to sale and has been exhibited without putting proper stamp duty and has been further pleased to observe that such document ought to have been exhibited after impounding the same. But the matter when brought into the notice of the Court and same cannot be impounded in accordance with law he further directed the Sheristadar to assess the stamp duty for impounding the document already marked Exhibit 7 and submit a report.