ABDUL SATTAR Vs. RAJ KHAN

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner to quash order dt. 28.04.2011 (Annex.-6) passed by the Addl. District Judge No. 2, Jodhpur whereby the application filed by the respondent under Order 13 Rule 3, read with Sec. 151, C.P.C. was allowed and the trial Court passed an order for impounding receipt dt. 06.09.2006 with direction to send the original receipt to the Collector (Stamps), Jodhpur for determination of the stamp duty and levy of penalty treating the same to be an agreement and further directed that after payment of stamp duty and penalty in accordance with law the document shall be taken in evidence in the suit. According to the petitioner, civil suit was filed by the petitioner before the Court of District Judge Jodhpur for recovery of Rs. 4.50 lakh from the respondents with interest. The amount of Rs. 4.50 lakh was paid by the petitioner as part of consideration for 7 plots of land situated at Banar which was shown to be under his ownership by the respondents who executed the receipt in question for receiving amount of Rs. 4.50 lakh also.

(2.) In the suit for recovery filed by the petitioner-plaintiff the respondent filed written statement and also led counter-claim of Rs. 2,10,000/- against the petitioner. The respondent had executed the receipt of Rs. 4.50 lakh as part of consideration of price of the 7 plots situated at Banar Treatment Plant and, on that basis, suit was filed for recovery because those plots were not belonging to the respondents.

(3.) During the pendency of the suit, the respondents filed an application under Order 13 Rule 3, read with Sec. 151, C.P.C. in which, it is stated that the receipt Annex.-4 is not admissible in evidence nor it can be exhibited and marked being insufficiently stamped. Learned trial Court after hearing the arguments upon the said application passed the impugned order and impounded the receipt dt. 05.09.2006 and ordered to send the same to the Collector (Stamps) for determination of stamp duty and levy of penalty treating it to be an agreement.