NANGA Vs. DHANNALAL

JUDGEMENT

(1.) THIS appeal arises out of a suit for recovery of the amount due under an instrument which was held to be inadmissible in evidence by the learned Munsif, gangapur holding that it was a promissory note and was insufficiently stamped. The document in question was executed on 5th December, 1951 and according to the law then in force it required a stamp of -/5/- whereas it bore a stamp of -/4/only.

(2.) THE learned Munsif having found that the document, which way the basis of the suit, was inadmissible in evidence dismissed the plaintiff's suit.

(3.) THE plaintiffs preferred an appeal against the judgment and decree of the learned Munsif to the court of the Civil Judge, Gangapur. The learned Civil Judge, gangapur held that the provisions of Section 35 of the Stamp Act related to procedural law and therefore, the admissibility of the document should be determined according to the Stamp Law which is in force on the date the document is sought to be tendered in evidence and not according to the law in force at the time of its execution. As the admissibility of the document came in for consideration on 2nd November 1957, and on that date the Stamp duty required was -/4/- he held that it was properly stamped and was admissible in evidence. He, therefore, allowed the plaintiffs' appeal and sent the case back for decision on merits. The defendants have now come to this Court against the above order of the learned Civil Judge.