SHEIKH SAMSUDDIN MOLLA @ AK SAMSUDDIN Vs. ARATI ROY

JUDGEMENT

(1.) By filing CO 627 of 2011 the petitioner challenges the order impugned dated 20th January, 2011 passed in Title Suit no.243 of 1982 by the Learned 5th Civil Court (Junior Division) at Alipore. The case of the petitioner in brief is as follows.

(2.) In this connection, the Learned Trial Court was pleased to take notice of the objection raised on behalf of the present OP-plaintiff to the effect that the Court is not prevented from considering the value of a document so exhibited at the appropriate time and such consideration on the document being exhibited does not mean that the document is accepted beyond proof.

(3.) Sri Dilip Mondal, Learned Counsel appearing on behalf of the petitioner has submitted that the order impugned of the Learned Trial Court dated 28th January, 2011 is cryptic and a non-speaking order. Sri Mondal has further argued that there is no application of Section 36 of the Indian Stamp Act. He has also relied upon Section 35 of the Indian Stamp Act.