( 1 ) IN this Second Appeal, the point for consideration is the scope and ambit of section 36 of the Indian Stamp Act, 1899 (II of 1899) in relation to an insufficiently stamped promissory note on the foot of which the appellant sued the respondent.

( 2 ) THE question arises thus : The appellant sued to recover Rs. 1,738-10-0 with interest and costs on the foot of a promissory note executed by the respondent. The promissory note bore four revenue stamps ; but at the time of execution only two were cancelled by the respondent. An objection was taken by the respondent in the written statement that the suit promissory note was insufficiently stamped and as such was inadmissible in evidence under section 35 of the Indian Stamp Act. During the trial, an objection was taken in that regard and the District Munsif purported to mark it provisionally at an earlier stage. It would appear that later the appellant filed an application, I. A. 6 of 1957 to direct the respondent to cancel the uncancelled stamps or in the event of his faiure to do so, to permit the appellant or his transferor to cancel the uncancelled stamps. The petition was opposed on the ground that such a procedu