S. ANANDA REDDY, J.

( 1 ) THIS revision petition is at the instance of the plaintiff. He filed the suit - os No. 30 of 1998 on the file of the principal junior civil judge, vizianagaram for recovery of a sum of rs. 9,500/- stating that the respondents/defendant borrowed the said amount and executed a promissory note agreeing to repay the said amount on demand with interest at the rate of 24% per annum, but failed to pay the same. When the petitioner/plaintiff sought to mark the suit pro-note, the respondent/ defendant objected for the same on the ground that it was not properly stamped, and therefore, it is not admissible in evidence. Admittedly, the suit document was executed on a non-judicial stamp paper worth rs. 5-00. The learned junior civil judge accepted the objection raised by the defendant and held that the plaintiff is not entitled to mark the disputed document as an exhibit on his behalf. Hence, the present revision by the plaintiff.

( 2 ) THE contention of the petitioner/ plaintiff is that the court below has committed an error in not properly considering the relevant provisions and appreciating the contention of the petitioner and in refusing to mark the disputed document.

( 3 ) ON the other hand, the counsel for the respondent/defendant supported the impugned order and relied upon a judgment of this court in Dinne Erranna v. Modappa, (1963) ii Anwr 198, which was referred to and relied upon by the court below.

( 4 ) HEARD the learned counsel for "the petitioner and the learned counsel for the respondent and considered the material on record.

( 5 ) BEFORE considering the nature of the disputed document, it would be appropriate to refer to the relevant provisions of the Indian stamp act (hereinafter referred to as the act ) and the Rules made thereudner:- Section 2 (22) defines promissory note means a promissory note, as defined by the negotiable instruments Act, 1881. It also includes a note promising the payment of any sum of money out of any particular fund, which may or may not be available, or upon any condition or contingency, which may or may not be performed or happen. As per Section 2 (11) of the act duly stamped , as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount, and that such stamp has been affixed or used in accordance with the law for the time being in force in india. As per Section 2 (13) impressed stamp includes - (a) labels affixed and impressed by the proper officer; and (b) stamps embossed or engraved on stamped paper. Section 10 deals with the mode of payment of duties, except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps. Section 11 of the act deals with the use of adhesive stamps. The following instruments may be stamped with adhesive stamps, namely: (A) instruments chargeable with a duty not exceeding ten naye paise except parts of bills of exchange payable otherwise than on demand and drawn in sets; (b) bills of exchange and promissory notes drawn or made out of india; (c) entry as an advocate, vakil or attorney on the roll of a high court; (d) notarial acts; and (e) transfers by endorsement of shares in any incorporated company or other body corporate. Section 35 deals with instruments not duly stamped inadmissible in evidence, etc. However, in certain cases though they were initially insufficiently stamped, they are admissible in evidence subject to the payment of deficit stamp duty as well as the penalty payable. But however, under the proviso, the following documents are excepted, such as instrument chargeable with duty not exceeding 10 naye paise only,a bill of exchange, or a promissory note.

( 6 ) SIMILARLY, Rule 3 of the Indian stamp rules, 1925 gives the description of stamps. As per the said rule, all duties with which any instrument is chargeable shall be paid

Click Here to Read the rest of this document