SURESH GUPTA Vs. BHOLU JAT

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THE present petition filed under Article 227 of the Constitution of India is directed against the order dated 21.9.2011 passed by the Additional District Judge (Fast Track) No.1, Jaipur District, Jaipur (hereinafter referred to as "the trial Court") whereby the trial Court has directed to send the document in question to the Collector (Stamps) for determination of proper stamp duty.

(3.) IT has been sought to be submitted by the learned Senior Counsel Mr. N. K. Joshi for the petitioner that the petitioner-plaintiff has filed the suit only for recovery of money and not for specific performance of the agreement dated 9.12.2004 and, therefore, the said agreement was to be used only for collateral purpose, which was permissible in evidence in view of the Proviso to Sub-section 49 of Registration Act. He also submitted that the respondent-defendant in his application has not raised any objection as regards the insufficiency of the stamp duty, and the trial Court has suo moto sought to impound the said document and referred it to the Collector (Stamps) which is not proper. Mr. N. K. Joshi also submitted that even otherwise the said agreement would fall under Clause (c), which require the stamp duty of Rs.100/- only to be paid and, therefore, the agreement in question was duly stamped and there was no requirement of sending it to the Collector (Stamps).