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2004 Supreme(AP) 184

L.NARASIMHA REDDY
Balaji Adithi – Appellant
Versus
Baddam Chandra Reddy – Respondent


L. NARASIMHA REDDY, J.

( 1 ) RESPONDENT filed O. S. No. 8 of 2002 on the file of the Senior Civil Judge, nalgonda to recover certain amount from the petitioner. The trial of the suit is yet to commence.

( 2 ) THE respondent filed I. A. No. 516 of 2003 under Order 13 Rule 8 of the Code of civil Procedure (for short the Code ) for impounding the document. According to him, the document is only a bond insufficiently stamped and not a promissory note. The petitioner resisted the application stating that the document answers the description of the promissory note and the question of collecting deficit stamp duty thereon does not arise. The trial Court passed an order, dated 04-07-2003, treating the document as a bond/promissory note and permitted it to be impounded. The petitioner challenges the same.

( 3 ) SRI M. Venkat Ram Reddy, learned Counsel for the petitioner submits that the application filed by the respondent was not maintainable, since Order 13 Rule 8 of the Code does not deal with the impounding of document for collection of deficit stamp duty. According to him, the word "impounding" employed in Order 13 Rule 8 of the Code was misunderstood and the trial Court had considered








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