NIHAL CHAND Vs. RAM NIWAS

JUDGEMENT

(1.) This revision petition is directed against the order of the Senior Subordinate Judge, Narnaul, dated 28th January 1972 whereby the partnership deed produced by the defendants-appellants was impounded and a penalty amounting to Rs. 2,227.50 was imposed. It was further ordered that on the payment of this penalty the document would be admitted in evidence.

(2.) Ram Niwas respondent filed a suit for specific performance, dissolution of partnership relating to Prabhat Cinema, and rendition of accounts and during the trial of this suit the defendant produced a document purporting to be a partnership deed. The plaintiff took objections to the admissibility of this document on the grounds that it was insufficiently stamped and was unregistered though it was compulsorily registrable. While deciding these objections it was held that the document was not inadmissible for went of registration for the purpose of proving partnership. With regard to the second objection, the conclusion reached was that the document as chargeable to stamp duty under Section 6 of the Indian Stamp Act and that the duty was to be calculated under Article 35(viii) of this Act. Proceeding on that basis the stamp duty was worked out to Rs. 225/- and as only stamps of the value of Rs. 22.50 had been fixed it was held that there was a deficiency of Rs. 202.50. Penalty was imposed on the basis of this deficiency.

(3.) Being aggrieved with the above order, the defendant filed the present civil revision which was first placed before P.C. Pandit, J. At the hearing of the petition a preliminary objection, as taken by the respondent that it a revision was rot competent under Section 115 of the Code of Civil Procedure as the order impounding the document did not amount to a "case decided". Finding some conflict of decisions on this point, the learned Single Judge referred this case to a larger Bench and in this manner the matter has come up before us.