SAMURAILATPAM JUGESWAR SHARMA Vs. KRISHNA KUMAR SHARMA

JUDGEMENT

(1.) IN this Civil Revision Application under Section 115 of the Civil P. C., the petitioner impugns the order dated 5 -8 -1977 passed by the learned subordinate Judge I, Manipur in O. S. (Money) No. 31 of 1974/26/76/4 of 1977, marking Ext. A/1, stated to be a promissory note, in evidence.

(2.) THE plaintiff -respondent filed the said instrument dated 3 -5 -1972 earlier before the same Court for admission in evidence, but on objection being raised by the defendant -petitioner on the ground that it was insufficiently stamped as a promissory note, it was not admitted in evidence by an order dated 3 -9 -1975 with a finding that since the document was a promissory note and insufficiently stamped it could not be cured under the provisions of Section 35 of the Stamp Act. Thereafter, the plaintiff -respondent withdrew the document from the Court and purported to cure it through the procedure of impounding, and after the deficit stamp and penalty were paid and Collector's certificate obtained, it was refiled for admission; and in spite of objection from the petitioner the learned Court passed the impugned order and marked the document as Ext. A/1. It is stated that the suit has since been decreed and an appeal is pending therefrom in the lower Court.

(3.) MR . A. Nilamani Singh, the learned counsel appearing for the opposite party, points out that this document was marked as Ext. A/1 not on 5 -8 -1977 but earlier on 22 -6 -1977, whereafter witnesses were examined and cross -examined on it. Consequently, the learned counsel submits, that the bar of Section 36 of the Stamp Act is attracted in this case and this petition is not maintainable.