PREETJOT KAUR Vs. HARDEEP SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 1/9/2018 (Annexure P-5) passed by the learned Civil Judge (Junior Division), Ludhiana whereby the application filed by defendants No.1 and 2-petitioners for impounding the original agreement to sell dtd. 30/4/2008 as per Ss. 33 and 35 of the Indian Stamp Act, 1899 was dismissed.

(2.) Learned counsel for defendants No.1 and 2-petitioners would contend that no doubt that only a photocopy of the document was available on the file, however, relying upon the judgment of the Andhra Pradesh High Court in the case of Kasireddy Satyanarayana V/s State of Andhra Pradesh [2021 (5) ALT 581] it is contended that if the original document, which was filed in the Court and was deficiently stamped, is lost or misplaced while in the custody of the Court, it can be reconstructed by the Court by exercising its inherent powers and the document assumes the character of an original document including for the purpose of the Stamp Act.

(3.) Per contra, learned counsel for plaintiff-respondent No.1 has relied upon a judgment of this Court in the case of Sandeep Kumar and Ors. V/s Chandigarh Overseas Pvt. Ltd. and Ors. [2023 (2) PLR 689] to contend that once the document had been exhibited, the same cannot be de- exhibited and the objection qua stamp duty cannot be raised at that stage.