LAWS(J&K)-1983-5-8

GH AHMAD BHAT Vs. MOHD SHABAN GUJRI

Decided On May 23, 1983
Gh Ahmad Bhat Appellant
V/S
Mohd Shaban Gujri Respondents

JUDGEMENT

(1.) THE learned Single Judge has dismissed the suit under O. 37 of the CPC on the ground that the suit pronote was insufficiently stamped and as such inadmissible in evidence. The suit pronote was for a sum of Rs. 350/ - and it ought to have been written on a paper with impressed stamp of the value of 30 paisa The document was however written on a paper with impressed stamp of the value of 25 paisa and a blank sheet of the value of 25 paisa was attached with it. In accordance with section 13 of the Stamp Act every such blank sheet is required to be dated and signed and shown as a part of the instrument by the parties.

(2.) IN the present case the blank sheet does not fulfil this requirement. Accordingly the learned Single Judge holding that the pronote was written on a stamp paper of 25 paisa only which was insufficient declared the documents to be inadmissible in evidence and dismissed the suit based upon the pronote. The judgment is in keeping with the mandate of law. We see no ground for interference. The appeal is accordingly dismissed but We make no order as to costs.