SUNITA AND ORS. Vs. MUNICIPAL COUNCIL AND ORS.

JUDGEMENT

(1.) THESE writ petitions have been filed by the petitioner aggrieved against the order dated 03.09.2012 (Annex. -3) and 09.07.2013 (Annex. -6) passed by Civil Judge (Junior Division) West, Bhilwara, whereby the trial court on a prayer made by the petitioner -plaintiff indicating his readiness to pay the stamp duty and penalty, directed production of certified copy of the document and return of the original document for getting it stamped properly and produce the same back and rejected application filed by the petitioner under Proviso -(a) to Section 39 of Rajasthan Stamp Act, 1998 ('the Act of 1998') respectively.

(2.) THE petitioner filed a suit for permanent injunction based on a document, which was claimed by the petitioner as Patta dated 27.11.1961. It appears that during the course of evidence of the plaintiff, objection regarding the said Patta being inadmissible in evidence on account of the same being insufficient stamp was raised. The petitioner made an oral prayer on 03.09.2012 indicating his willingness to pay the deficient stamp duty and penalty, on which the trial court ordered that the petitioner may produce a certified copy of the Patta and the original Patta be returned to him for being duly stamped.

(3.) THE application was opposed by the respondents, wherein it was indicated that the power for the said purpose lies with the Collector (Stamps) and the court has rightly passed the order giving opportunity to the petitioner to get document duly stamped and the petitioner having not done the same, the application deserves to be dismissed.