TIRU SAHU Vs. MOHAN SAHU AND ORS.

JUDGEMENT

(1.) AGGRIEVED by order dated 05.04.2014 whereby a direction has been issued to the registry for receiving a report of Sirestedar for impounding document dated 15.05.1949, the present writ petition has been filed.

(2.) BRIEFLY stated, T.S. No. 29 of 2007 was filed by the plaintiff seeking declaration of right, title and interest with respect to land comprised in R.S. Plot No. 191 (old) new Plot No. 244 under Khata No. 29 (old) new 42 within Khewat No. 3/3 situated at village Idd P.S. Sikidiri District - Ranchi, in which the respondent No. 1/defendant No. 1 filed an application on 11.06.2013 alleging that the document dated 15.05.1949 is not properly stamped and therefore, it was liable to be impounded. The plaintiff filed rejoinder affidavit in response to application dated 11.06.2013 and finally, the said application was dismissed vide order dated 18.12.2013 holding that photo copy of a document cannot be impounded. Thereafter, the respondent No. 1/defendant No. 1 filed a second application on 08.01.2014 with a prayer for impounding the original document dated 15.05.1949. The plaintiff objected the second application dated 08.01.2014 on the ground of res -judicata etc. However, vide impugned order dated 05.04.2014, the application filed by respondent No. 1/defendant No. 1 has been allowed. Aggrieved, the petitioner has approached this Court.

(3.) THE learned counsel appearing for the petitioner submits that, once the application dated 11.06.2013 has been dismissed by the trial court, the second application dated 08.01.2014 filed by the same party with same relief/prayer could not have been allowed by the learned trial court and therefore, interference is required in the present case. It is further submitted that, a bare perusal of document dated 15.05.1949 would indicate that no consideration amount is mentioned in the said document and thus, it is a void document and therefore, it cannot be impounded for the purpose of being sufficiently stamped.