GANESHA RAM Vs. SARDAR MAL

JUDGEMENT

(1.) - This writ petition has been filed by the petitioner-plaintiff seeking to question the order dated 15.10.2011 passed by District Judge, Sirohi deciding issue No.7 against the petitioner and inter-alia holding that the document-in-question falls in the definition of 'bill of exchange' and the same was not merely an 'agreement' and as per the Rajasthan Stamp Act, 1998 (hereinafter referred to as 'the Act of 1998'), a stamp duty of Rs.4,000.00 was payable and till such time the deficit stamp duty alongwith penalty is not deposited, the agreement dated 11.4.2009 is not admissible in evidence. Further direction has been issued to the plaintiff to deposit the deficit stamp duty including penalty within a period of 15 days from the date of order, thereafter, the said document would be admissible in evidence, otherwise, the same would not be admitted in evidence.

(2.) The order dated 15.10.2011 came to be passed in a suit filed by petitioner-plaintiff Ganesha Ram against defendant-respondent Sardarmal for recovery of a sum of Rs.2,70,000.00. It was alleged in the plaint that the defendant took loan of Rs.2 lacs from the plaintiff on 11.4.2009 in cash and agreed to pay the amount of loan by 31.10.2010 without interest and in case of failure to repay the said amount by 31.10.2010 interest @ 1.5% per month was payable. The said conditions were incorporated in an agreement executed on 11.4.2009 and the same was signed by the defendant.

(3.) On failure to pay the said amount, the suit was filed for recovery of a sum of Rs.2 lacs with interest from 11.4.2009.