YOGESH KUMAR SIKKA Vs. MONIKA

JUDGEMENT

(1.) Challenge in this petition is to order dtd. 18/4/2019 passed by learned Civil Judge (Jr. Divn.) Ludhiana whereby an application dtd. 13/2/2019 (P-4) of the petitioner-defendant, has been dismissed.

(2.) Learned counsel for the petitioner-defendant inter alia contends that the application of the petitioner under Sec. 35 of the Indian Stamp Act (for short 'the Act') for impounding the alleged agreement to sell dtd. 25/5/2015 and for issuance of direction to the plaintiff to pay the deficiency in stamp along with 10 times penalty has wrongly been dismissed, vide impugned order dtd. 18/4/2019 by referring to judgment of Hon'ble Apex Court in a case of Javer Chand v. Pukhraj Surana, 1961 AIR (SC) 1655.

(3.) Learned counsel is relying upon judgment of Hon'ble the Supreme Court of India in a case of Ram Rattan (dead) by legal representatives v. Bajranj Lal and others, 1978 AIR (SC) 1393 wherein Javer Chand's case (supra) has been discussed. Learned counsel contend that if the document is not duly stamped then at the stage of objection, the trial Court has to decide the objection and if it is not decided after the objection was raised then the application cannot be dismissed, in view of Sec. 36 of the Act.