JOHRILAL Vs. BHAGWAN SAHAI

JUDGEMENT

(1.) THE circumstances that give rise to this revision under sec. 56 (1)of the Indian Stamps Act (II of 1899), (hereinafter to be referred as the Act) are that Johrilal, Raghunath Pershad applicants applied to the Collector, Sawai Madhopur on 3-9-1954 praying for the grant of a certificate under sec. 37 of the Act in respect of a hundi alleged to have been executed by Bhagwan Sahai etc. opposite party, on 18-1-1951. Objections were raised by the opposite party to the great of this certificate and after hearing the parties the learned Collector rejected the application on 19-10-1954 with the following observations - ". . . . . . . . . This application purports to be under sec. 37 of the Indian Stamp Act. THE Indian Stamp Act was adopted under sec. 2 of the Rajasthan Stamp Law (Adaptation) Act of 1952. Under sec. 6 of this Act all laws and corresponding acts in force in any part of Rajasthan have been repealed. THE position now is that the Indian Stamp Act is applicable to Rajasthan but the rules contemplated under sec. 37 are not in force and as such this court has no jurisdiction to issue a certificate. It can not be said that the Indian Stamp Act has been adopted with rules because it does not contain only one set of rules but every State Government has framed its own rules. In the circumstances, I cannot entertain the application and issue the certificate. " Hence this revision.

(2.) AFTER hearing the learned counsel for the parties the Board, vide its order dated 3rd February, 1955 referred the case to the Hon'ble High Court of judicature for Rajasthan under sec. 57 of the Act for such orders as may be deemed necessary. It was observed by the Board that the Jaipur Stamps Rules. l946 are operative and hence the Collector was not justified in refusing to take action in accordance therewith. He had failed to exercise the jurisdiction vested in him by law and hence a deserves to be issued to him to decide the case on its merits.