MUJIBAR RAHMAN MONDAL Vs. MD ABDULLA MOLLA

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for revision of the order being No. 103 dated 29.01.2000 passed by the learned CivilJudge (Sr. Div.), Diamond Harbour in T.S. No.124/1994.

(2.) The circumstances leading to the above revision are that the disputed property belongs to O.P.Nos. 5 to 7. There was an agreement dated 15.06.1992 between O.P. No. 4 and the said O.Ps. 5 to 7 for sale of the property. As the said O.Ps. 5 to 7 refused to execute the deed after tender of Rs. 1,75,0007- on 25th Aswin, 1399 B.S. by O.P. No. 4, the latter instituted T.S.No. 124/1994 in the Court of learned Civil Judge (Sr. Div.}, Diamond Harbour for specific performance of contract. The present petitioner who was added as a plaintiff in the said suit filed a 'Sikritipatra' dated 07.10.1994 executed between him & platntiff/O.P. No.-4 which was marked 'exhibit* after objection. O.P. Nos. 1 to 3 were subsequently added asdefendants. O.P. Nos. 1 & 2 filed a petition on 23.12.1999 for expunging the said 'Sikritipatra' from the list of exhibited documents on the ground that it does not bear any stamp duty which was allowed by the learned Civil Judge (Sr. Div.), Diamond Harbour by the impugned order being No. 103 dated 29.01.2000 directing the petitioner to pay stamp duty according to the market value.

(3.) Being aggrieved by and dissatisfied with the said order, the present revision has been preferred.