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2002 Supreme(AP) 1021

T.CH.SURYA RAO
Rachakonda Ramakoteswara Rao – Appellant
Versus
Manohar Fuel Centre, Nereducherla, khammam – Respondent


T. SURYA RAO, J.

( 1 ) A short question that falls for consideration in this revision petition is as to whether a document which has not been duly stamped or unstamped can be received in evidence even only for a limited purpose of looking at the signature of an attestor so as to ultimately show the manner in which the signatory signed on the document?

( 2 ) ADMITTEDLY, the document sought to be introduced has no bearing on the merits of the case and is not being relied upon for any other purposes except the limited purpose of proving the signature of the attestor to that document. Even then, can it be received in evidence is the question. Section 35 of the Indian Stamp Act (for brevity the Stamp Act ) is the relevant section for consideration in the context and the same may be extracted hereunder thus: "35. Instruments not duly stamped inadmissible in evidence, etc. :no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties, authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: provided that (A) any




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