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2017 Supreme(AP) 402

A.RAMALINGESWARA RAO
A. P. Laly – Appellant
Versus
Gurram Rama Rao – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Venkateswarlu Chakkilam
For the Respondent: Sri M.R.S. Srinivas

ORDER :

Heard learned counsel for the petitioner and learned counsel for the respondent.

2. The plaintiff is the petitioner herein. She filed O.S.No.6 of 2014 on the file of VI Additional District Judge, Markapur for recovery of an amount of Rs.18,92,000/- from the defendant. The suit was filed on the basis of a hand letter executed on 14.02.2011. The evidence of the parties was completed. During the course of evidence of PW.1, the said hand letter was marked as Ex.A1 and was treated as an agreement under Article 6(A) of Schedule I(A) of the Indian Stamp Act (for short the Act). PW.1 was cross-examined. When the case was posted for arguments on defendants side, the defendant filed I.A.No.490 of 2016 stating that the said document is not an agreement but it is a bond within the meaning of Section 2(5)(b) of the Act as laid down by the Full Bench of this Court in B. Bhavannarayana v. Kommuru Vullakki Cloth Merchant Firm, 1996(1) ALT 917 (FB) and it is liable to be stamped under Article 13 of Schedule I(A) of the Act and not under Article 6(A)(iv) of Schedule I(A) of the Act. It was stated that it happened by inadvertence. Though the said document was marked as exhibit, it does not amou

































































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