This is the defendant’s appeal arising from a suit for recovery of money, based on a handloan agreement dated 11.05.2007. The respondent instituted the suit, to pass decree for recovery of Rs.2,71,000/-, with interest at 18% p.a. from the date of loan and the costs. Suit was contested on multiple grounds. 4 issues were raised. During the course of trial, suit document – handloan agreement dated 11.05.2007 was produced. Marking of the suit document was objected, on the ground that it is insufficiently stamped and is liable to be impounded. The said document was marked subject to the objection. At the conclusion of the trial, without deciding the objection raised on the said document, the suit was decreed and the defendant was directed to pay Rs.2,71,000/- with interest at 6% p.a. from the date of availment of loan, till the date of realisation, to the plaintiff.

2. An appeal was filed by the defendant, assailing the decree, inter alia contending that the Trial Judge should not have received the suit document and admitted it in evidence as Ex.P1. It was contended that the suit document having been marked ‘subject to objection’, without passing the order on the objection, the