MOHINDER SINGH: Vs. MUNSHI RAM AND OTHERS:

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated Feb. 5, 1990, whereby the defendant-petitioner was directed to pay Rs. 4,500.00 as the deficient stamp duty and Rs. 45,000.00 as the penalty, as the alleged lease deed was not written on a stamp paper and the same was impounded under section 33 of the Stamp Act (hereinafter called the Act).

(2.) The learned counsel for the petitioner submitted that no such order could be passed by the learned Subordinate Judge under section 38 of the Act, which reads as follows:-

(3.) It has been stated at the bar on behalf of the respondent that meanwhile, the suit has been dismissed as withdrawn. However, since this order will stand in the way of the defendant, this petition is allowed and the impugned order is set aside. Petition allowed.